The
^Messages and "Proclamations
OF THE
governors
OF THE
STATE ^MISSOURI
COMPILED AND EDITED BY
SARAH GUITAR
and
FLOYD C. SHOEMAKER, A. M.
SECRETARY OF THE STATE HISTORICAL
SOCIETY OF MISSOURI
VOLUME X
Published by
THE STATE HISTORICAL SOCIETY OF MISSOURI
COLUMBIA, MISSOURI
1928
COPYRIGHT 1928 BY
THE STATE HISTORICAL SOCIETY OF MISSOURI
PREFACE
This volume of the "Messages and Proclamations of
the Governors of the State of Missouri" includes the messages
and proclamations of Governor Herbert Spencer Hadley
(1909-1913).
FLOYD C. SHOEMAKER.
Columbia, 1928.
ait)
CONTENTS VOLUME X
GOVERNOR HERBERT SPENCER HADLEY
PAGE
BIOGRAPHICAL SKETCH, By F. W. Lehmann . . . . 3
INAUGURAL ADDRESS 14
FIRST BIENNIAL MESSAGE 43
SECOND BIENNIAL MESSAGE 76
VETO MESSAGES
To the Senate 115
To the House of Representatives 116
To the Senate 117
To the Senate 122
To the Senate 123
To the Senate 124
To the Senate 125
To the Senate 126
To the Senate 136
Veto Recorded with the Secretary of State .... 140
Veto Recorded with the Secretary of State .... 145
Veto Recorded with the Secretary of State .... 150
Veto Recorded with the Secretary of State .... 153
Veto Recorded with the Secretary of State . . . . 154
Veto Recorded with the Secretary of State . . . . 156
Veto Recorded with the Secretary of State .... 158
Veto Recorded with the Secretary of State .... 159
Veto Recorded with the Secretary of State . . . . 163
Veto Recorded with the Secretary of State .... 164
Veto Recorded with the Secretary of State .... 166
Veto Recorded with the Secretary of State . . . . 167
Veto Recorded with the Secretary of State .... 169
Veto Recorded with the Secretary of State . . . . 170
Veto Recorded with the Secretary of State .... 172
Veto Recorded with the Secretary of State .... 173
Veto Recorded with the Secretary of State .... 174
Veto Recorded with the Secretary of State . . . . 175
Veto Recorded with the Secretary of State . . . . 177
Veto Recorded with the Secretary of State .... 182
Veto Recorded with the Secretary of State . . . . 185
Veto Recorded with the Secretary of State .... 185
Veto Recorded with the Secretary of State . . . . 188
Veto Recorded with the Secretary of State .... 196
Veto Recorded with the Secretary of State . . . . 199
Veto Recorded with the Secretary of State .... 206
Veto Recorded with the Secretary of State .... 208
(v)
VI CONTENTS
PAGE
Veto Recorded with the Secretary of State .... 209
Veto Recorded with the Secretary of State .... 217
Veto Recorded with the Secretary of State .... 219
SPECIAL MESSAGES
To the Senate 222
To the Senate 222
To the Senate 223
To the Senate 223
To the Senate 224
To the Senate 224
To the Senate 225
To the Senate 225
To the Senate 226
To the Senate 226
To the Senate 227
To the Senate 227
To the Senate 228
To the Senate 228
To the Senate 229
To the Senate 229
To the Senate 230
To the Senate 230
To the Senate 231
To the Senate 232
To the Senate 232
To the Senate 233
To the Senate 233
To the Senate 234
To the Senate 234
To the Senate 235
To the Senate 235
To the Senate and the House of Representatives . . . 236
To the Senate and the House of Representatives . . 238
To the Senate and the House of Representatives . . . 244
To the Senate 249
To the Senate and the House of Representatives . . . 249
To the Senate 255
To the Senate 256
To the Senate 256
To the Senate 257
To the Senate 257
To the Senate 258
To the Senate 258
To the Senate 259
To the Senate 259
To the Senate and the House of Representatives . . . 260
To the Senate 263
CONTENTS Vii
PAGE
To the Senate 263
To the Senate 266
To the Senate 267
To the Senate 267
To the Senate 268
To the Senate 269
To the House of Representatives 269
To the Senate 270
To the House of Representatives 270
To the Senate and the House of Representatives. . . 271
To the Senate 278
To the Senate and the House of Representatives. . . 278
To the Senate 280
To the Senate 281
To the Senate 281
To the Senate and the House of Representatives . . 282
To the Senate and the House of Representatives . . . 287
To the Senate 289
To the Senate . 290
To the Senate 290
To the Senate 291
To the Senate 291
To the Senate and the House of Representatives . . . 292
To the Senate 298
To the Senate .... 298
To the Senate and the House of Representatives. . . 299
To the Senate . 303
To the Senate 304
To the Senate 304
To the Senate and the House of Representatives. . . 305
To the Senate 307
To the Senate 314
To the Senate 314
To the Senate 315
To the Senate 315
To the Senate 316
To the Senate 317
To the Senate 317
To the Senate 318
To the House of Representatives 318
To the House of Representatives 319
To the Senate and the House of Representatives. . . 321
To the Senate and the House of Representatives . . . 328
To the Senate and the House of Representatives. . . 333
To the Senate 335
To the House of Representatives 347
To the Senate and the House of Representatives . . . 351
To the Senate 351
Vlll CONTENTS
PAGE
To the Senate 352
To the Senate and the House of Representatives. . . 358
To the Senate and the House of Representatives . . . 365
To the General Assembly 367
To the General Assembly 368
To the Senate and the House of Representatives. . . 371
To the General Assembly 371
To the General Assembly 372
To the Senate 372
To the Senate 373
To the Senate 373
To the Senate 374
To the Senate 374
To the Senate 375
To the Senate 375
To the Senate 376
To the Senate 376
To the Senate 377
To the Senate 377
To the Senate 378
To the General Assembly 378
To the General Assembly 379
To the General Assembly 379
To the General Assembly 380
To the Senate 383
To the Senate 384
To the Senate 384
To the Senate 385
To the Senate 385
To the General Assembly 386
To the General Assembly 389
To the General Assembly 391
To the Senate 396
To the Senate 397
To the Senate 397
To the General Assembly 398
To the Senate 405
To the General Assembly 405
To the General Assemby 409
To the Senate 419
To the Senate 419
To the Senate 420
To the Senate 420
To the Senate 421
To the House of Representatives 421
To the Senate 427
To the Senate 427
To the Senate 428
CONTENTS IX
PAGE
To the Senate 428
To the Senate 429
To the Senate 429
To the Senate 430
To the Senate 430
To the Senate 431
To the Senate 431
To the Senate 432
To the Secretary of State 432
To the Secretary of State 437
To the Secretary of State 438
To the Secretary of State 439
To the Secretary of State 441
To the Secretary of State 442
To the Senate 444
To the General Assembly 449
To the Senate 451
To the Senate and the House of Representatives. . . 451
MEMORANDA OP PROCLAMATIONS AND WRITS OF ELECTION
January 16, 1909 463
February 3, 1909 463
February 5, 1909 463
February 5, 1909 463
February 5, 1909 464
February 25, 1909 464
February 25, 1909 464
February 27, 1909 464
March 1,1909 465
March 6, 1909 465
March 18, 1909 465
May 24, 1909 465
June 17, 1909 466
June 18, 1909 466
August 1, 1909 466
August 9, 1909 466
August 20, 1909 467
October 1, 1909 467
October 4, 1909 467
October 11, 1909 467
November 1, 1909 468
November 15, 1909 468
November 17, 1909 468
November 24, 1909 468
December 1, 1909 469
December 18, 1909 469
January 14, 1910 469
January 22, 1910 470
CONTENTS
PAGE
February 2, 1910 470
February 21, 1910 470
March 23, 1910 470
April 4, 1910 471
April 19, 1910 471
April 19, 1910 471
April 21, 1910 472
April 25, 1910 472
May 11, 1910 472
May 16, 1910 473
May 23, 1910 473
May 26, 1910 473
July 2, 1910 473
July 7, 1910 474
July 20, 1910 474
August 8, 1910 474
August 31, 1910 475
November 5, 1910 475
November 14, 1910 475
November 19, 1910 475
December 5, 1910 476
December 5, 1910 476
December 14, 1910 476
December 21, 1910 476
March 20, 1911 477
March 25, 1911 477
April 1, 1911 477
April 5, 1911 477
May 8, 1911 478
May 9, 1911 478
June 5, 1911 478
July 7, 1911 478
July 7, 1911 479
July 17, 1911 479
July 22, 1911 479
August 17, 1911 479
August 19, 1911 479
August 26, 1911 480
September 21, 1911 480
September 22, 1911 480
September 28, 1911 480
September 30, 1911 480
September 30, 1911 481
October 6, 1911 481
October 16, 1911 481
October 23, 1911 481
October 23, 1911 481
November 1, 1911 482
CONTENTS XI
PAGE
November 6, 1911 482
December 4, 1911 482
December 22. 1911 482
January 4, 1912 482
February 2, 1912 483
March 11, 1912 483
March 30, 1912 483
April 2, 1912 483
April 20, 1912 483
May 21, 1912 484
August 14, 1912 484
August 19, 1912 484
August 27, 1912 484
September 13, 1912 484
September 14, 1912 485
September 17, 1912 485
September 30, 1912 . 485
October 15, 1912 485
November 2, 1912 485
November 19, 1912 486
November 19, 1912 486
November 19, 1912 486
December 30, 1912 486
December 30, 1912 487
GOVERNOR HERBERT SPENCER HADLEY
HERBERT SPENCER HADLEY
GOVERNOR 1909-1913
HERBERT S. HADLEY
BY
F. W. LEHMANN
Herbert Spencer Hadley, the son of John Milton Hadley
and Harriet Beach Hadley, was born at Olathe, Kansas, on
February 20, 1872. The Hadley family were Quakers,
but John Milton Hadley was not a pacifist, since he served
for four years in the army of the Union during the Civil
War. A more remote ancestor of the subject of this sketch,
on the maternal side, David Beach, was captain of a Con-
necticut company during the war for Independence.
As a child, the future Governor of Missouri, suffered
from an impairment of speech which seemed to make a
public career impossible, but instead of yielding to it, he
set himself to overcome it and by years of diligent and con-
stant effort, succeeded. This struggle kept him out of
school until he was eight years old, but once entered he
made up for lost time, passing the eight grades in four
years.
He was graduated from the Olathe High School at the
age of fifteen and supplementing this by a year in the prepara-
tory class of the Kansas University, he entered the University
as a freshman, and was graduated in 1892 with the de-
gree of Bachelor of Arts.
During his college career he specialized in history and
the classics. He took a course in Roman Law and acquired
such facility in the use of the Latin language that he was
able to read the Institutes of Justinian without the aid of a
lexicon. Deeply interested in public speaking he frequently
represented the University in inter-collegiate contests of
debate.
For his professional studies he entered the Law School
of Northwestern University. In addition to the prescribed
course of work, he founded the Northwestern Law Review,
(3)
4 MESSAGES AND PROCLAMATIONS OF
the first publication of the kind by a Law School west of the
Alleghanies and which still exists as the Illinois Law Re-
view. He successfully represented Northwestern in a
debate with the University of Michigan. The attractions of
oratory did not lead to a neglect of the regular course of
study, for he won the Callaghan Prize of one hundred
dollars, a prize awarded by the Callaghan Book Company
to the member of the senior class of the Law School who
had, as established by the examinations, the highest grade
during the year. He was graduated with the degree of Bache-
lor of Laws in 1894.
This was the end of his school attendance, but a diligent
student he has continued to be to the present day, deserv-
ing, because of his scholarly attainments and accomplish-
ments, the degree of Doctor of Laws conferred upon him by
Northwestern University in 1909, by the University of
Missouri in 1910, by Missouri Valley College in 1911 and
by Harvard University in 1925.
Well endowed by nature and well equipped by study,
he established himself at Kansas City, Missouri, for the
practice of his profession. Here he lived until public
service called him away.
On October 8, 1901, he was married to Agnes Lee.
Three children, John Milton, Henrietta, and Herbert
Spencer were born of this union.
At the beginning the young lawyer engaged in private
practice and met with a more than usual measure of success,
but the call of public affairs to a man of his temperament was
imperative, and in 1898 he accepted the position of first
assistant city counsellor of Kansas City, in charge of trial
work. In 1900 he was elected prosecuting attorney of Jack-
son county and made an enviable record by his vigorous
and efficient conduct of the office. Although running
much ahead of his ticket he was defeated for re-election
in 1902, but this defeat opened the way to his nomination
for and election to the higher office of attorney-general
in 1904.
GOVERNOR HERBERT SPENCER HADLEY 5
Republicans that year indulged neither hope nor ex-
pectation of electing candidates for state offices, and at
their state convention the nominations sought the can-
didates and not the candidates the nominations. The
presence of young Hadley at the convention, the fact that
despite his defeat he had shown himself to be a strong and
popular candidate, and above all the record he had made
as prosecuting attorney, suggested him as a nominee who
would do credit to the ticket, and his name being proposed
he received the unanimous vote of the convention. His
attempted declination was shouted down, and he was con-
strained to the acceptance of what seemed to be an empty
honor, coupled with the obligation of making a state-
wide campaign in behalf of his party. Contrary to expecta-
tion, he was elected.
The official salary was small but the official duties
numerous, varied and important. As defined by statute
they were:
1. When directed by the governor, aid any prosecut-
ing attorney in the discharge of his duties.
2. Give his opinion to the General Assembly or either
house upon any question of law, and to the governor, sec-
retary of state, auditor, treasurer, register of lands, superin-
tendent of public schools, superintendent of insurance,
railroad commissions and any prosecuting attorney, upon
any question of law relative to their respective offices.
3. Appear in the Supreme Court on behalf of the
state and prosecute or defend as the case may require all
appeals and writs of error to which the state is a party.
4. Authorized and empowered on behalf of the state
to institute and prosecute all suits and proceedings at law
or equity, requisite or necessary to protect the rights and
interests of the state and to enforce any and all rights,
interests or claims of the state against any and all persons,
bodies public or corporate.
No small burden to impose upon one official, and yet
the weight of it in large measure depended upon the will of
him who was to carry it. The routine duties were all faith-
6 MESSAGES AND PROCLAMATIONS OF
fully attended to. Prosecuting attorneys were aided when-
ever required, state officials and departments were duly
advised as to their powers and duties, and the numerous
criminal appeals were given proper attention. Under the
fourth head, there was an activity unknown to the office
before.
It was a period of industrial combination carried to an
extent and employing methods which the Attorney- General
believed to be detrimental to the general welfare and he
determined to bring the interests engaged into obedience
to the law and into harmony with public policy. He en-
tered at once upon the work of preparation and within two
months after coming into office began suit against the
Standard Oil combination.
In the effort to secure the testimony necessary to sup-
port his suit he met with obstructive tactics at every point.
In his first endeavor in New York City, where the important
books and papers of the Company were kept, witnesses
under "advice of counsel," refused to answer or responded
irrelevantly and flippantly, making a farce of the inquest.
Mr. Hadley bore it all with patient good nature and let his
opponents run the comedy to a close. Then he applied to
the courts of Missouri and New York and secured orders
compelling the production of the book and papers he needed
and thenceforth there was no element of farce in the proceed-
ings, and the case went to a successful conclusion for the
State.
Meanwhile he instituted suits against the Harvester
and the Lumber trusts, both successful.
These cases involved above all things patient, pains-
taking, drudging labor. They dragged their slow length
throughout his entire term of office. His term closed
before any of them was finally disposed of.
The Standard Oil case was decided by the master on
May 24, 1907, by the Supreme Court of the State March
9, 1909, and by the Supreme Court of the United States
April 1, 1912. The Supreme Court of Missouri, 218
Mo. p. 65, said:
GOVERNOR HERBERT SPENCER HADLEY 7
"The printed record in this cause fills three large
volumes and covers about three thousand printed pages;
the relator's printed abstract thereof fills two large volumes
of about five hundred pages each, and with commendable
energy and industry, characterized by a spirit of justice
and fairness the master has carefully prepared a terse yet
a full abstract of the evidence in a printed volume of two
hundred and twenty pages which is conceded to be sub-
stantially correct."
The report of the case by the Court itself occupies
507 printed pages.
All this cleared the way for the cases that followed,
abridging in some measure the labor in them. The Harves-
ter case was decided by the Supreme Court of Missouri,
November 27, 1911, and the Lumber case July 2, 1914.
Another case, outside the ordinary routine of the Attor-
ney-General's office was that against the Delmar Jockey
Club, 200 Mo. 34. The Club was organized ostensibly to
promote agriculture and the improvement of live stock by
giving exhibitions of farm products and of the speed of
horses and to establish and maintain a fair, but for some
years it had been conducted as a racing establishment with
pool-selling and other gambling incidents and seemed to be
immune from successful prosecution, because of its organiza-
tion and incorporation as an Agricultural Fair. The Attor-
ney-General promptly assailed it as a fraudulent pretense
for the cover of pool-selling and other forms of betting on
races unaccompanied by any exhibition whatever of farm
products. The suit was brought July 28, 1905, and on
December 18th of the same year the decision was rendered
which ousted the Club of its franchise.
Insurance troubles were settled without suit, the com-
panies agreeing to re-rate the State on the basis of its own
premiums and losses and to lower the rates approximately
ten per cent.
Hadley was not limited, however, by the work he made
for himself; others made work for him.
8 MESSAGES AND PROCLAMATIONS OF
The eighteen proprietary railroad companies of the
State brought suits in June, 1905, to enjoin the freight rates
enacted by the General Assembly of that year and filed
supplemental bills to enjoin the two-cent passenger rate
enacted in 1907. He had here to meet the combined rail-
road forces of the state, their lawyers, their engineers, their
traffic men, their financiers, all the experts in the various
departments of railway transportation. A record of more
than five thousand printed pages was accumulated in these
cases. Begun in the early part of his term as attorney-
general he made the closing argument after he had been
elected governor. The Circuit Court of the United States,
decided all the cases as to all the rates involved in favor of
all the railroad companies, but upon the record made
in the Circuit Court all the cases as to all the rates, except
the cases against the St. Louis and Hannibal, Kansas City,
Clinton and Springfield and the Chicago Great Western,
operating, the three, about three hundred and fifty miles
of road, were decided by the Supreme Court of the United
States in favor of the State.
The meed of this arduous service awarded by his
party was nomination, and by the people election, to the
office of governor.
Forty years had passed since a representative of his
party had been elected to the office of governor, but there
was for him no occasion in this circumstance to sound a note
of partisan triumph. During his term as attorney-general
the administration of the State was divided between Dem-
ocrats and Republicans and he paid graceful and deserved
tribute to his official associates in his inaugural address,
saying:
"That political differences need not, and should not,
interfere with the performance of official duties, has been
emphasized during the course of the last four years. For
during that time, the State officials, partly of one party,
and partly of another, have worked together in complete
harmony and effectiveness in the performance of their
official duties."
GOVERNOR HERBERT SPENCER HADLEY 9
He was a fast friend and a fair foe.
The first thing to engage his attention was a deficit in
the Treasury, resulting from an excess of appropriations
over revenues, which however he succeeded in wiping out,
and establishing a good balance, and this without increas-
ing the rate of taxation, beginning in this connection, the
movement for full value assessments called for by the con-
stitution of the State.
The Capitol building, old and inadequate, was destroyed
by fire, and he recommended that
"This assembly should now provide for the creation
of a State Capitol more commensurate with the population,
wealth and dignity of the State of Missouri."
And he devised the financial plan through which this
recommendation was so beautifully and wonderfully carried
out, within the time prescribed and the appropriation made.
There was no change under Governor Hadley in the
police system of the large cities of the State, but his appoint-
ments to the police boards, Raymond Fosdick in his book
"American Police Systems" said, "were particularly credit-
able and hard conscientious work was done to make the
organization effective."
He took an active interest in the work of education,
appointing the best men available to boards of the State
University and of the other institutions and heartily sup-
ported the program of legislation urged by the Superin-
tendent of Public Instruction for the improvement of the
country high schools.
In a general way he undertook to make the office of
governor an effective agency for arousing public opinion
and interest in matters of public concern and aiding in the
encouragement and development of the State's industrial
and agricultural resources. In this effort he went about
the State accompanied by experts making addresses to
stimulate the interest in the building of highways, the
bringing in of new settlers and the opening of new industries.
In accordance with his general purpose he undertook
a survey of the health conditions of the State with a view
10 MESSAGES AND PROCLAMATIONS OF
to seeing what might be done to improve health conditions.
He asked a number of representative men, not only doctors
like Dr. Dock, then dean of the Washington University
Medical School, Dr. Block, one of the leading physicians of
Kansas City, and Dr. Clark of Jefferson City, afterwards
president of the State Medical Association, and others,
also distinguished and public spirited men, like Archbishop
Glennon, to serve on the Commission. The response to
his request was very gratifying and the investigation and
report of the Commission, although the services were
voluntary and without remuneration, very substantial.
Several constructive measures were established by
executive direction, for example: all the State institutions
were placed, in so far as sanitary and hygienic conditions
were concerned, under the supervision of the State Board of
Health. This Board was only an examining board for
admitting doctors to practice but he had its members
inspect every State institution and very marked improve-
ments were made in conditions affecting the health of the
inmates.
As a result of the work of this Commission, the State
Anti-Tuberculosis Society was re-organized and placed on
a sound working basis which has been maintained ever
since.
When Hadley took office as governor, the Missouri
penitentiary held more prisoners than any institution of the
kind in the country and had the reputation of being a "hard
one," that is, one in which severe methods of discipline
were in use. Under his administration flogging, the lock
step and the stripes were abolished; better and more varied
food was given to the convicts; shower baths, of which
there had previously been none, were established; the cells
and work rooms were ventilated, with the result that cases
for discipline declined more than 50% and no serious trouble
occurred in the penitentiary during his entire term.
He found that there were between four and five hundred
boys under twenty years of age in the penitentiary in close
association with hardened criminals. Some of these boys,
GOVERNOR HERBERT SPENCETR HADLEY 11
only fifteen or sixteen years old, had been sentenced for
minor offences, two being found whose offense was that of
stealing watermelons. He accomplished so far as practic-
able a segregation of the prisoners, and with the assistance
of former Judge Charles A. Denton, his pardon attorney,
established a system of paroling juvenile offenders to
responsible citizens who would give them employment and
be responsible for their conduct. In this way nearly three
hundred boys under twenty years of age were paroled, and
an examination made near the close of Governor Hadley's
term showed that 96% had kept the terms of their parole.
While the Governor was criticized by some newspapers for
paroling these boys he said there was nothing he did as
Governor that he recalled with greater satisfaction.
Comparison of recommendations by Governor Hadley
made in his inaugural address, biennial messages and special
messages with the work of the General Assembly during
his term of office discloses that the General Assembly in
many matters was not abreast with the Governor and a
number of important measures commended and urged
were not at the time enacted into law.
A Public Service Commission, Corporation Franchise
Tax, General Inheritance Tax, Income Tax, Workmen's
Compensation, simplification of criminal procedure and
other matters of importance were among the subjects of the
Governor's recommendations which during his term of
office met with no legislative approval, but public opinion
was increasingly persistent in behalf of the views pro-
mulgated by the Governor and legislation has been enacted
accordingly, except as to the simplification of criminal
procedure, which remains what it was, a tangle of techni-
cali,ties. The Workmen's Compensation Act recommended
by Hadley in 1911 was passed by the Legislature in 1925.
Referred to the people in 1926 it was approved by a vote of
561,898 for; 251,822 against.
He has continued his interest in criminal procedure
and broadly in the causes and prevention of crime as shown
12 MESSAGES AND PROCLAMATIONS OF
by the work he is now doing in the American Law Institute
and in the National Crime Commission.
Although his administration of State affairs was aggres-
sive and progressive there was never a suggestion of scandal
or corruption in any branch of the public service for which he
was responsible.
Nine months after the termination of his office as
governor, he became special counsel for railroad companies
west of Chicago in the valuation of the roads, in which work
he was engaged up to 1916, when his health compelled him
to retire from active practice and remove to Colorado.
From 1917 to 1923 he was a professor of law at the
University of Colorado and from 1919 to 1921 served as
counsel for the State Railroad Commission of Colorado.
This Commission had been created for the purpose of manag-
ing and directing the construction of one or more tunnels
through the front range of the Rocky Mountains in order
to improve transportation conditions. A proposition in
the form of a constitutional amendment providing for three
tunnels was defeated by a narrow margin. Later he pro-
posed the creation of improvement districts for the build-
ing of tunnels and the Legislature created a district for the
building of what is known as the Moffat Tunnel, six miles
long, which pierces the James Peak at an altitude of 9,000
feet and which shortens by one hundred and fifty miles the
railroad distance between Denver and the Pacific Coast.
This tunnel has now been completed.
It was during this period as professor of law in the
University of Colorado that Hadley wrote his book, "Rome
and the World Today," which is now in its second edition
and for which he was awarded the cross of the Order of
SS. Maurizio e Lazzaro, by the Italian Government.
He is the author of numerous addresses upon subjects
of legal and professional interest and was chosen as one of
eleven jurists to write for the American Bar Association
Journal a series of articles to be known as the new Federalist,
a work intended to bring the original Federalist by Hamilton,
Madison and Jay, down to date.
GOVERNOR HERBERT SPENCER HADLEY 13
The crowning of his career came in the year nineteen
hundred and twenty-three when on November tenth he
was formally inaugurated as Chancellor of Washington
University as the University Record attests, "with im-
pressive ceremonies and in the midst of unusually brilliant
icademic splendor." The broad range of his professional
practice extending to civil and criminal cases and involving
Dublic and private business, his wide experience in public
ife in administrative and executive office, w r ere accepted as
qualifying him for the headship of a great educational
nstitution and the result has vindicated the wisdom of his
choice.
Hadley's death occurred in St. Louis on December 1,
L927, some months after this biography was written. As
he time of his death he still held the Chancellorship of
Washington University, but had been for several montht
nactive on account of failing health.
14 MESSAGES AND PROCLAMATIONS OF
INAUGURAL ADDRESS
JANUARY 11, 1909
From the Appendix to the Journals of the General Assembly, 1909
In taking the oath of office as the chief executive
officer of this great State, I wish to express to the people of
Missouri, my sincere appreciation for the honor they have
conferred upon me, and my full realization of the responsi-
bilities that I today assume. In the performance of the
duties of the office of Governor, my sole ambition and desire
will be to deserve the continued confidence and approval
of the people of Missouri.
Forty years have come and gone since a candidate of the
Republican party was inaugurated as Governor of this
State. It would serve no useful purpose, however, to dis-
cuss at this time the question as to whether this long period
of official ostracism was justified by any abuse of power by
that party during the six years it was in control of the State
government, as it would serve no useful purpose to discuss
at this time the question as to whether the people have
acted wisely in taking from the Democratic party the con-
trol of the chief executive officer in our State government.
It will be sufficient for the purposes of this occasion to learn
from the last half century of Missouri's history a lesson of
conservatism and official fairness in the conduct of public
affairs. And that political differences need not, and should
not, interfere with the performance of official duties, has
been emphasized during the course of the last four years.
For during that time, the State officials, partly of one party,
and partly of another, have w r orked together in complete
harmony and effectiveness in the performance of their
official duties. And the people have thus learned that
no political party is entirely bad, and that no political
party can claim a monopoly of official honesty and virtue.
And during the four years of official life that are to begin
GOVERNOR HERBERT SPENCER HADLEY 15
today, I cannot ask or desire any more fair or considerate
treatment from my associates in the government of this
great State than I am sure the retiring Governor will will-
ingly testify he has received from his associates during the
four years which are today brought to a close. It is only
by reason of the bitter political prejudices and animosities
that have now practically ceased to exist, that any one
should doubt that representatives of different political
parties would treat each other with entire fairness and con-
sideration in the discharge of their official duties. And
it is only by such a spirit of fair co-operation that the inter-
ests of the public can be safe-guarded, and the welfare of the
State advanced.
DEPARTMENTS OF GOVERNMENT
It is also necessary that we should be ever mindful
of the fact that the powers of government are divided
between the legislative, the executive and the judicial
departments. While the rights and authority of each are
intimately related with the others, yet it is also necessary
that each should exercise its own powers, without interference
from the others, for each must answer to the public for the
manner in which its duties are performed.
The amendment to the Constitution adopted by the
people at the last general election, whereby they may initiate
the enactment of laws and have referred to them, for ap-
proval or disapproval, bills passed by the Legislature,
makes an important change in our system of government. I
undertake to say, however, that this new departure in the
work of legislation will not prove to be the general panacea
for public evils that its advocates have claimed for it, nor
will it prove, on the other hand, to be the dangerous and
cumbersome procedure that its opponents have feared it
would be. Unless its machinery is used with success by
over-zealous or designing men to delay the enactment of
laws regularly passed by the Legislature, or to submit
measures for the purpose of creating a diverting or useless
controversy, its main purpose will be to reserve in the
16 MESSAGES AND PROCLAMATIONS OF
people themselves the power of prompt correction and con-
trol over the acts of their representatives in the Legislature.
It is my belief that actual experience will demonstrate the
truth of the assertion of Edmund Burke, that the extreme
medicine of the Constitution cannot be expected to be
made its daily bread. Therefore, unless there should be
some glaring and conspicuous failures on your part or mine,
in the discharge of our official duties, I believe that the
enactment of laws will proceed in the future, very much as
it has in the past.
In what I shall say to you today, I will not under-
take to express my views upon all of the different questions
of legislation in which I am interested. I will present only
such observations as bear upon the more important questions
connected with the conduct of State affairs. During the
course of the session, I will, from time to time, present to
you my views upon other questions of legislation, and in
such communications, I will endeavor to give you more in
detail, than I shall today, my views in reference to the ques-
tions therein, submitted for your consideration.
HOME RULE
It has been truthfully said that the problem of the
cities is not only a question that is always with us, but it
is one of the most difficult problems with which we, as a
people, have to deal. It has been charged, on the one
hand, that municipal government in this country is the
one conspicuous failure of our civilization, and, on the other
hand, there are those who assert that there are no evils
incident to municipal affairs that democracy or home rule
will not cure. But whatever may be the truth in reference
to these assertions, the party that I have the honor to
represent, stands pledged to give home rule to the people
of the large cities of the State, and that promise, in so far
as I can accomplish, will be faithfully kept. It is necessary
at the very beginning of the discussion of this question to
correct certain misapprehensions that apparently exist in
GOVERNOR HERBERT SPENCER HADLEY 17
some quarters concerning it. It has been asserted that
home rule, as the term is generally understood, means the
abrogation or nullification of the laws of the State, and
particularly the laws regulating dramshops in the large
cities. Home rule means no such thing. As I said in my
opening speech in the last campaign, "One thing is certain
in reference to this question of home rule, and that is, even
if the selection of the police and excise officials is given to
the people of the large cities, the laws providing for the
regulation of dramshops will still remain the laws of the
State until a majority of the people's representatives want
them changed." And I further expressed it as my belief
that if home rule wa's given to the people of the large cities
of the State, "they will use it to enforce law, and not to
violate the law."
It has been urged that there may arise conditions with
which the local authorities, under a system of home rule,
may be unable to cope, or to which they may weakly yield.
This is, of course, entirely true. And it is only proper that
there should be some reserved power in the chief executive
by which, under such circumstances, he can properly enforce
the la^s of the State and protect lives and property.
That the conduct and control of the police, excise and
election affairs in the large cities by State Boards has been
attended with many abuses, no one conversant with the
facts will deny. That the exercise of these powers of govern-
ment by the people in these communities will naturally
tend to bring about a more active interest and participation
in political and official affairs, cannot be successfully denied.
And, if at any time, the right to carry on these affairs of
government is neglected or abused by the people of the
large cities, the State can again assume control.
I will not enter, at this time, into a further discussion
of the arguments in favor of the right of the people of the
large cities to manage their own police departments. In
passing, however, it is only proper that I should say, as
expressing my own views and those of my party, that such
legislation should also include provisions which will prevent
18 MESSAGES AND PROCLAMATIONS OF
the police departments of the large cities from becoming
the political plunder of the party that may be successful
in the municipal elections. There should be, ap a part of
any home rule measure that may be enacted, a provision for
a carefully devised civil service and merit system by which
the honest and efficient police officer may be assured of his
position as against any political influence. This will re-
move the motive and the tendency of the police departments
to participate in, or to permit themselves to be used in
political contests. There will be presented to you, bills
which will represent my views and the views of my party
upon these questions, and to these measures I invite your
careful and unprejudiced consideration.
All that I have said in reference to the right of the
people to manage their own police affairs, can be fairly
said tii reference to the right of the people to manage their
own excise affairs. And while there should in these matters,
as in matters of police, be a reserved power in the chief
executive to prevent occasional neglect or abuse of official
power, the selection of these officials should originate with
the people of the large cities, and not with the Governor of
the State.
THE LIQUOR QUESTION
The consideration of both of these questions seems to
be necessarily involved with the so-called "liquor ques-
tion," and the question of the enforcement of the law. I
will endeavor today to leave no opportunity for a misunder-
standing of my position upon either of these questions, as I
have endeavored in the past to make my position concern-
ing them entirely clear to the people of the State. The
question of the proper regulation of the liquor traffic should
be, in no sense, a political one, although it is a most fruitful
source and subject of political controversy and discussion.
No substantial difference, however, is to be found in the
declarations of the platforms of the two leading political
parties upon this question in the recent State campaign.
Both declared in favor of the enforcement of the dramshop
GOVERNOR WtiRttJiRT M'JtHNC.c.n tiAisL.c.x
laws, including the closing of the saloons on Sunday. Both
declared, by inference, at least, against State-wide prohibi-
tion. Both declared in favor of our present system of laws,
by which the people of the counties and the cities can ex-
ercise a local option in favor of prohibition therein, and both
declared in favor of the enactment of such further legisla-
tion as would result in the suppression of the evils of the
liquor traffic. In view of the absence of any substantial
difference upon this question between the two political
parties which are represented in our State government, it
only remains for me to offer a few suggestions as to how the
general principles therein declared for may, in my opinion,
be best expressed in the laws of the State.
THE SALOON IN POLITICS
It is axiomatic that to conduct a saloon is a privilege
which the law confers, and not a natural right that the
individual enjoys. And it ought to be accepted, without
question, that the saloons and liquor interests must obey
the laws of the State, whatever those laws may be. So
long as the State undertakes to deal with the traffic by
regulation, and not by efforts at suppression, it should
eliminate, as far as possible, the evils incident thereto.
The active participation of the representatives of these
interests in political affairs for the purpose of domination
and control, constitutes, in my opinion, one of the evils
incident to this traffic with which it is necessary to deal.
It is, I think, the unquestioned sentiment of the people of
the State that the representatives of these interests must
not be permitted to nominate and elect our public officials
for their own benefit and protection. And in order that
this result may be accomplished, the brewer and the dis-
tiller should, by law, be strictly confined to the business
the law permits them to conduct. When the brewer or
distiller, or wholesaler of intoxicating liquors is permitted,
directly or indirectly, to own or operate or control dramshops,
then there exists a necessary combination of power that
20 MESSAGES AND PROCLAMATIONS OF
results in the injury of the business itself and inevitably
tends to pernicious and dangerous political activity and
influence. The evils incident to this condition are so many
and so manifest that it is unnecessary for me to mention
them today. Legislation striking at this evil was attempted
by the last General Assembly, but the law then enacted has
failed to accomplish the desired result. I recommend,
therefore, that you pass a law which will secure the com-
plete separation of the brewery and the saloon, the one from
the other.
LID CLUBS
Another evil, which demands action upon your part,
exists as a result of the enforcement of the law for the closing
of saloons on Sunday. In the large cities of the State there
have been established a large number of clubs, known as
"Lid Clubs," which exist largely for the purpose of dispens-
ing intoxicating liquors on Sundays. These clubs are
usually protected by a decree of incorporation under the
provisions of Section 1394, R. S. 1899, as literary, scientific
or athletic organizations. At these clubs liquor is furnished
to the members, and also to visitors, and the law against
the sale of intoxicating liquors upon Sunday is thus made
inoperative, and an injustice is done to the licensed saloon-
keeper who obeys the law. Legislation should be enacted
to meet this situation, and, in my opinion, every club, of
any character, which dispenses intoxicating liquors to its
members, should be required to pay a license to the State.
WARD OR RESIDENTIAL LOCAL OPTION
The question of a ward or residential local option law
will also be a question which will come before you for con-
sideration and action. It is my opinion that it would be
more advisable to confer upon residence districts the right
to exclude or to refuse to permit saloons to do business
therein than to attempt to exercise this right within, the
arbitrary divisions of a city by wards. The wards of a city
GOVERNOR HERBERT SPENCER HADLEY 21
are created by its local legislative assembly, and are usually
subject to change with few formalities and with limited
notice. Certain parts of a ward may be the proper habitat
of the dramshop, while other portions of the same ward may
be entirely unsuited therefor. My observation and in-
vestigation has led me to the opinion that laws providing
for ward or precinct local option have proven unsatisfactory
and ineffectual, while, on the other hand, a system of residen-
tial local option will, in my opinion, produce results both
satisfactory and effective.
THE ENFORCEMENT OF LAW
The abstract question of the enforcement of law bears
a direct relation to the so-called "liquor question," for the
reason that it is in reference to laws regulating dramshops
that this question has most frequently arisen. That the
laws of the State should be enforced by its executive officers,
there should be no question. It is only by reason of the
failure of executive officers in the past to observe their
oaths of office in this regard that this question has arisen
and become an active question of public interest. There
will be no backward step during my administration in the
enforcement of the laws of this State with which I, or those
whom I appoint to office, are charged with the duty of
enforcing. And all that I can legally do, I will do, in execu-
tion of my constitutional powers, as chief executive, to see
that other executive officers in the various counties and
cities of the State do what they should do to enforce the laws
which come within the scope of their official duties. But
it is important to understand that it is never right to violate
the law, or to use oppressive or wrongful methods to enforce
the law. While, as I say, there will be no backward step
on my part in the enforcement of the law, and while I favor
no "rosewater treatment" of criminals or of the enemies of
society, I believe that the first example in the observance of
law should be given by those whose duty it is to enforce it.
And a state which exacts an unfailing observance of its
22 MESSAGES AND PROCLAMATIONS OF
laws from its citizens should never refuse to give its full
protection to all who observe its mandates, and "to accord
due process of law" in the prosecution of all whom it claims
have violated them.
HONEST ELECTIONS
There can be no question of greater importance in our
system and form of government than that our elections
should enable the people to fairly, honestly and intelligently
express their choice as to candidates for public office.
This, is true of primary, as of general elections, and this is
as true of all of the conditions affecting an election as it is
of the matter of casting and counting the ballots themselves.
That there have been gross abuses in the conduct of tlie
elections in the large cities in this State is a fact well known
to all familiar with conditions. That there has been a
marked improvement in the conduct of our elections in the
large cities in the last few years should only emphasize the
necessity and importance of completing this important work
of reform. Unless we have honest elections, we do not have
a republican form of government, we do not have "a govern-
ment of the people, for the people and by the people." And
the casting or counting of a dishonest ballot in the large
cities at a primary or general election is just as much of a
wrong to the people of the State as it is to the people of the
cities themselves. The important influences towards secur-
ing an honest election ip the large cities must be found in the
manner in which the police and election officials perform
their duties. And so long as there shall rest upon me the
responsibility of enforcing the laws of this State, I unre-
servedly pledge you today that everything will be done that
can be done to secure to every citizen the right to cast but
one ballot and have that ballot honestly counted as cast.
To my mind, the idea of an election unfairly conducted is
intolerable and abhorrent. And the control of the machinery
necessary for the conduct of elections in this State should
jio more be in the hands of one political party, to the ex-
GOVERNOR HERBERT SPENCER HADLEY 23
elusion of the other, than should the control of our public
schools.
I favor the enactment of a law by which the election
machinery of the State may be placed in the charge of bi-
partisan boards, evenly divided between the two political
parties, as are now the judges and clerks of election. The
necessity for such boards to conduct the elections in the
counties of the State is not so urgent as it is in the large
cities of the State. I earnestly urge upon you the adoption
of a law by which there may be created, in each of the large
cities of the State, a bi-partisan election board, and I hope
to see established during the next four years, such a standard
of honest efficiency in the conduct of our elections that
their honesty and fairness will be no more open to question
than will the ordinary election of the directors of a business
corporation by its stockholders.
For the accomplishment of this result, I invite your
consideration of the recommendations of the Boards of
Election Commissioners in Kansas City and St. Louis, as to
certain changes that should be made in our election laws.
And particularly should the election boards in the large
cities be authorized, under certain circumstances, to appoint
judges and clerks of election who do not live in the ward
or precinct where they serve.
THE FORM OF THE BALLOT
The ballot that is provided for by our election laws
has a tendency to prevent independence in voting. I am of
the opinion that a change should be made in our election
laws in this regard. It should be as easy for a voter to
vote a mixed ticket as it is to vote a straight ticket. If such
a condition existed, unworthy men upon one ticket would
not be able to secure an election by reason of the success
of their party. I have nb particular form of ballot which I
wish to urge upon you to adopt, as a ballot that has proven
satisfactory in one State might not be advisable or satis-
factory in another. I suggest that you investigate the forms
24 MESSAGES AND PROCLAMATIONS OF
of ballots used in other States and adopt such ballot for this
State as will enable the voters to fairly and intelligently
express their choice as to candidates, without the restric-
tions and burdens which are produced by the form of ballot
now in use.
I feel that there should also be some change in our law r s
in reference to the method of counting, canvassing and
returning the votes cast at an election. The inaccuracies
and inefficiencies incident to the present system have been
made apparent by the last general election, and while any
system must depend for its results upon the care and intelli-
gence of the judges and clerks of election, yet it is evident
to all, who are familiar with the subject, that changes
can be made in our present laws which will tend to produce a
more accurate counting of the ballots and a more certain
canvassing and return of the results from the different
precincts in the State.
PRIMARY ELECTION LAW
The last General Assembly enacted a primary election
law which had its first test in the nomination of the can-
didates for office in the last campaign. Although there is
some difference of opinion as to the advisability of this
legislation, a majority of the people seem to favor it. There
should, however, be changes made in this law to correct
its many ambiguities and inadequacies in order that the
people of each party may secure a fair and free expression
of their choice for candidates for office. Fraudulent prac-
tices in connection with the primary should be clearly
made a criminal offense, and in case both of the general
and the primary election, provision should be made by
which a contest can be instituted and decided in the fairest,
speediest and most inexpensive manner possible. For the
accomplishment of this result, it is necessary that the ballot
boxes should be opened and the ballots counted. And not
only in contested election cases, but also in every court
proceeding affecting the question of the honesty of an elec-
GOVERNOR HERBERT SPENCER HADLEY 25
tion, this right should exist. And particularly should our
laws be so amended as to aid in the detection and the punish-
ment of election frauds, and the secrecy of the ballot should
never be made paramount to its honesty and its fairness.
If this result can be accomplished only by an amendment
to the Constitution, that amendment should be submitted
and adopted. The inconvenience or embarrassment that
may occur to a few by having disclosed the manner in which
they voted will be more than counter-balanced by the
greater benefit that will accrue to the entire community in
preventing men from securing nominations or office by
frauds and crimes against the ballot.
SENATORIAL PRIMARY LAW
I wish also to invite your earnest consideration to the
question of the repeal or amendment of the primary elec-
tion law for the nomination of a United States Senator.
This law, I think I can fairly say, was not enacted in good
faith for the sole purpose of enabling the people of the State
to nominate a United States Senator, but was enacted for
political advantage, and to prevent independence in voting.
This law is, in the opinion of many able lawyers, in violation,
both of the Federal and State Constitutions. It under-
takes, in effect, to provide a method for the election of a
United States Senator in violation of the spirit, if not of the
letter, of the Federal Constitution; and it submits to the
people, at a constitutional election, held for the purpose
of choosing State officers, a diverting and irrevelant con-
troversy. While I favor, and I believe the people of this
State favor, a law which will enable the members of each
political party to nominate the candidates for United States
Senator, this should be done before the general election, and
in such a way as will result in a fair expression of the people's
preference for candidates for this important office. I
believe that this result can be best secured by permitting
the people in each legislative district to instruct their rep-
resentative in the Legislature by a direct vote as to their
26 MESSAGES AND PROCLAMATIONS OF
choice for United States Senator. Under the present
law, the members of a political party of one city may give
to a certain candidate for United States Senator, sufficient
votes to bring about his nomination, although he should
fail to carry, or even receive a single vote in any legislative
district in the State outside of that city. In addition to
its unconstitutionality and unfairness, this law also prevents
the people from knowing, at the time they vote for the
members of the Legislature, whom the members of the
Legislature will favor for United States Senator. The
fact that this law may in one election work for the benefit
of a certain party or a certain candidate, should be no argu-
ment in favor of its advisability or against its amendment or
repeal. For in politics, as in other affairs of life, "the in-
vention often times returns to vex the inventor."
THE REGULATION OF PUBLIC SERVICE CORPORATIONS
The question of the regulation and control of public
service corporations is a question of continuing interest
and importance. The right of the people in their govern-
mental capacity to regulate the charges and conduct of a
business impressed with or devoted to a public use, is no
longer open to controversy. This right can be exercised
through the enactments of the State Legislature, or, as
was done by the last General Assembly, there can be dele-
gated to the people of the different municipalities the right
to regulate such public service corporations as do business
therein. The right of regulation must, of course, be ex-
ercised within the limitations of the Constitution, so as to
give to the owners of such enterprises a reasonable return
upon the value of their investments. That it is not only
the right, but also the duty of the State, to regulate the
charges and the conduct of business enterprises to which
the public must resort, and which are in their nature mo-
nopolies, has been clearly demonstrated by experience, not
only in this State, but elsewhere. The important question
is as to how this power can be best exercised and this duty
best performed.
GOVERNOR HERBERT SPENCER HADLEY 27
The Legislature, in 1905, passed a maximum freight
rate law which, however, has never been put into force and
effect, by reason of an injunction granted by the Federal
Court upon the petition of the railroad companies claiming
that this act, if observed, would deprive them of a reason-
able return upon the value of their properties. In 1907,
the Legislature made some changes in the act of 1905,
favorable to the railroad companies, and also passed a
law reducing the rate of passenger service from three to
two cents a mile. Suits were again instituted in the
Federal Court by the railroad companies to enjoin the en-
forcement of these laws, upon the ground that they were
confiscatory. But upon a hearing, the United States Cir-
cuit Court refused to enjoin the enforcement of the two-
cent passenger rate law, for the reason that its reasonable-
ness could only be determined by the test of actual ex-
perience. The evidence bearing upon the constitutionality
of these two laws has now been heard in all of these cases
and they are ready to be submitted to the court for final
argument. The condition of this litigation makes it im-
proper that I should further discuss or comment upon the
fa'cts developed therein. I think I can fairly say, however,
without reference to the merits of these particular cases,
that I have become convinced, and I think all who have
given any thought and study to this question are convinced,
that the regulation of the business of public service corpor-
ations can be most satisfactorily and successfully accom-
plished by a commission composed of men trained and ex-
perienced by study and investigation and qualified by
natural ability for such work. The chances of securing
such a board to deal with the question of the regulation of
the charges and the conduct of the business of public service
corporations are much better, in my opinion, if the board
is made appointive instead of elective. I will endeavor,
during the course of the session, to give you my views upon
these questions more at length.
28 MESSAGES AND PROCLAMATIONS OF
There are, however, some measures affecting the
regulation of the business of railroad companies that can be
fairly and properly dealt with by legislative enactments.
RAILROAD PASSES
The Constitution of 1875 prohibited railroad com-
panies from issuing and public officials from receiving, free
transportation. The General Assembly of 1887 passed
Jaws with suitable penalties for the purpose of carrying
into effect this constitutional provision 1 . Both of these
provisions were for years, however, "more honored in the
breath than in the observance." And the prohibition
against railroads giving, or public officials receiving, free
transportation was of little value or importance, even if
observed, so long as the railroads freely gave transportation
to the members of political conventions and to all persons
active or influential in politics, to whom the public officials
owed their official existence. This practice existed, not-
withstanding the fact that the Constitution and laws of this
State declared that the railroad companies were common
carriers, and that they should make no discriminations in
charges for the transportation of persons or of property.
And it has been estimated from investigations of the books
of some of the railroad companies that the value of the free
transportation given awa^ by the railroad companies in
Missouri would amount to approximately half a million
dollars each year. No greater discrimination could, of
course, exist than the carrying of certain persons free of
charge, and the levying of an additional tribute upon the
balance of the community to pay the cost of their free trans-
portation.
In the last General Assembly, there was introduced a
bill prohibiting, under suitable penalties, railroad companies
from granting free transportation to persons other than em-
ployes and those engaged in works of religion and charity.
Through railroad and political influences, this bill was de-
feated. I believe, however, that this question is now more
GOVERNOR HERBERT SPENCER HADLEY 29
clearly understood and the propriety of such legislation
more generally recognized. After the defeat of this law, I
induced the railroads of the State to agree to discontinue
the issuance of passes by advising them that I would test,
by litigation, their right to do so unless the practice was dis-
continued. There is some question as to the good faith
with which this agreement has been kept by some of the
railroads, and it is, of course, problematical as to how long
it will be recognized by any. I ask, therefore, that you
enact such a law as will secure the final abandonment of
this corrupting practice.
RIGHTS OF CORPORATIONS
Before leaving this subject of the regulation of the
charges or the conduct of the business of public service cor-
porations, I wish to urge upon you the necessity of conserva-
tism in the consideration and enactment of such legisla-
tion. While it is both the right and the duty of the State
to regulate public service corporations in such a way as to
secure fair rates and a proper service for the people, such
laws should not be enacted merely because the power exists
to pass and to enforce them. And the right of business
enterprises to be free from the burden and the expense of
State regulation and control should be recognized and
respected, unless the conditions ^herein clearly justify the
State in the supervision or regulation thereof. And it is
never fair or advisable to exercise this right unless it is
reasonably certain that the act of regulation will not deprive
the owners of the property of a reasonable retuin upon the
value of their investment.
COMBINATIONS AND TRUSTS
The attitude of the State towards industrial combina-
tions and trusts is a question concerning which there exists
a marked difference of opinion, and its proper solution is of
the highest importance to the business world, as well as to
the general public. The principal difficulty that arises in
30 MESSAGES AND PROCLAMATIONS OF
connection with this problem is that there exists today, as
there always has existed, to a greater or less degree, a
conflict between the "rules of business and the laws of
men." It is the common law, as well as the statute law of
this State, and of practically all of the states of the union,
that any combination or agreement which limits, or tends to
limit, free and unrestricted competition, is not only illegal
in the sense that it is unenforcible, but it is also unlawful,
in that it will subject the parties making it to both civil
and criminal punishment. The business world regards
free and unrestricted competition as a misfortune and an
evil, while the law denounces any agreements that tend to
prevent it as a crime. Therefore, when men enter into a
combination or a trust in restraint of competition and trade,
and the law interposes to prevent or to punish those guilty
of such an offense, the necessary judgment of the court often
times seems harsh in its severity and unfortunate in its
effect on general business conditions. The men, however,
who violate the law in this manner are entitled to no more
consideration or sympathy than the ordinary offender
against our criminal statutes. Their offense is prompted
solely by a desire for unlawful gain, and they can plead as
an excuse or justification neither their ignorance nor their
necessities. And when men, by combination and organiza-
tion, have secured for themselves the power to say, and do
say, to the producer, on the one hand, how little he shall
receive for his raw material, and to the consumer, on the
other hand, how much he must pay for the finished product,
they have thereby created a power which is dangerous to the
existence of our institutions and the liberties of our people.
For the existence of such a power gives us, upon the one
hand, a master, and, upon the other, its necessary corollary,
a slave.
A somewhat active and extensive experience in the
investigation of this subject has failed to convince me that
we have provided a method for dealing with such conditions
that is advisable and applicable to all cases. I feel that
much has been accomplished, both by the national govern-
GOVERNOR HERBERT SPENCER HADLEY 31
ment and by the several states, through civil and criminal
prosecutions, in restricting the power of monopoly and main-
taining for the people the benefits of competition in trade.
And in this work I feel that I can fairly say that Missouri
has done her part. But the somewhat cumbersome process
of the law, the delays necessarily incident to important
litigation, the technicalities that make both for delay and
for defeat, the harshness and sometimes the ineffectiveness
of the judgments rendered, go to show that there should
be some other and additional remedies adopted for dealing
with the modern industrial combination or trust. While
the question has not been formally passed upon by the courts,
I am satisfied that it is the right of the State to regulate the
charges and the conduct of any business which is impressed
with a public use by virtue of being a monopoly. And I do
not think it is of determining importance whether the
monopoly is a natural one, exists by public franchise, or is
the result of a combination or trust. Assuming this power
of regulation to exist, I believe that it would be advisable
to give to the representatives of the State the discretionary
power to institute proceedings for the purpose of regulating
the charges and the conduct of a business which is in effect
a monopoly or impressed with a public use, or to proceed
in the courts to punish and suppress it. Such a law offer-
ing such a discretion exists in other states, and while it has
not had sufficient trial to justify any final conclusions con-
cerning its effectiveness and advisability, I feel justified, by
reason of actual experience, in bringing this matter before
you for your investigation and consideration.
THE QUESTION OF EDUCATION
There will be no questions considered by you which
are more important than those connected with the work of
education. It is no longer necessary to present any argu-
ments in support of the importance and value of the work of
this department of our government. But while the pre-
judices against our system of public education have prac-
32 MESSAGES AND PROCLAMATIONS OF
tically ceased to exist, it would be useless to deny that
there does not exist a prejudice against certain parts of our
educational system. It has been frequently charged that
too much money is being expended for the conduct of the
State University. After a careful investigation of this
question, I do not believe that there is any substantial
basis of complaint on account of any disparity in the dis-
tribution of the revenues of the State between the State
University and the other parts of our educational system,
and I feel that it would be a serious mistake, indeed, to
deprive any part of our educational system of the means
necessary to enable it to accomplish the full measure of its
activity and usefulness. But that something is wrong with
our work of education is readily apparent by an examination
of the statistics as to the illiteracy of our children of school
age. I mention this matter in order to bring to your
attention a condition that is neither satisfactory nor com-
plimentary, so that the work of correction can begin at
once. I feel that we have done so much in this State in
so many lines of activity that is deserving of praise that we
can well afford to frankly admit a weakness or a fault which
in reality exists. According to the United States census
statistics of 1900, among the forty-eight states of the national
union, Our rank in literacy was 31. In other words, thirty
states had proportionately fewer illiterate children of
school age than have we. I do not undertake to offer to
you any explanation or reason for this unsatisfactory con-
dition. It is worthy of notice, however, that Missouri is
one of four states in the Union that has no mandatory
provision for superintendents of schools in each county of
the State. And the fact that the other three states, namely
Louisiana, Arkansas and Mississippi, all have a lower rank
of literacy than Missouri may tend to explain this unsatis-
factory condition. The heads of the educational depart-
ment and the State Teachers' Association have repeatedly
urged upon the Legislature the enactment of a law establish-
ing the office of superintendent of schools in each county in
the State. Under existing laws, it is now optional with the
GOVERNOR HERBERT SPENCER HADLEY 33
counties as to whether they shall have such an official,
and only about ten per cent of the counties have availed
themselves of this privilege. While 1 claim no special
knowledge or experience in matters of education, I do feel
that the effectiveness of the common schools of the State
must be raised if we are to make any substantial progress
in the correction of the present unsatisfactory conditions.
But, on the other hand, our higher educational institutions
should not be neglected or dealt with in a spirit of parsimony
or false economy. The value and importance of the work
of these institutions cannot be measured in dollars and
cents, and in addition to the other results accomplished,
they impart an inspiration and a strengthening influence to
our entire educational system. The report of the Superin-
tendent of Education deals in detail with the conditions
existing in the educational affairs of the State, and offers a
number of suggestions as to how the work of education
may be improved. In addition to the consideration of these
suggestions, the educational systems of other states should
be investigated and such methods therein employed should
be adopted as seem to be advisable and applicable to con-
ditions here.
SCIENTIFIC EDUCATION
The practical value of education, particularly along
scientific and utilitarian lines, is being more generally
recognized every day. And in no department of this work
has greater progress been made than in the study and in-
vestigation of agriculture, horticulture and the raising and
care of live stock. The importance of this work in increas-
ing the wealth and happiness of the people of the State
cannot be over-estimated, nor is the advantage one that
accrues alone to the farmer and the stock raiser. For all
wealth is, in its last analysis, derived from the field and the
mine. There should be no lack of funds to carry on this
work in the most thorough manner possible, in order that
there may be given to the people of the State the most
advanced and scientific information that is available.
34 MESSAGES AND PROCLAMATIONS OF
This question naturally connects itself with the ques-
tion of the investigation, development and conservation of
the other great natural resources of the State. Under the
scientific direction of the representatives of the State, and
those whom it educates, should be conducted the investiga-
tion of the mineral deposits; the means of improving the
fertility and productivity of the soil; the growth and con-
servation of our forests; the use of our water power; the
development of our water highways; the improvement of
the conditions of life and the protection of the health and
welfare of our people.
THE NEED FOR MORE REVENUE
To accomplish all, or even a substantial part of what
the State should do in this and other lines of governmental
activity, I think it is apparent to all that we must have more
revenue. During the last biennial period the appropria-
tions exceeded the revenues of the State in the sum of
$1,487,254.24. While there were some unusual expenses
during the last biennial period which will not arise during
the next biennial period, and while there will probably be
an increase of approximately $500,000 in the revenues of
the State, yet I feel that there can be no question upon the
proposition that we need more money to carry on the work
of government. According to the estimate made by the
State Auditor, the revenues for the next biennial period
will amount to $8,131,000, and the amount which is asked
for the different departments of State is $11,744,222. And
that more revenue is needed does not arise from the fact
that the officials of the present day are more extravagant
in the expenditure of the public funds or enjoy larger salaries
than their predecessors of a third of a century ago. The
need for more revenue arises from the fact that the duties
of government have increased. In 1875, when our present
constitution was adopted and our present revenue system
devised, the theory that that government is the best which
governs least was the controlling thought in public affairs.
GOVERNOR HERBERT SPENCER HADLEY 35
Today all political parties apparently act upon the theory
that it is the duty of government to exercise its authority
when there is any justification therefor. It is unnecessary
that I should even refer to the increased number of instances
in which it has been not only advisable, but necessary,
for the people of the State to exercise, in their govern-
mental capacity, an authority and supervision that a third
of a century ago would have been unjustified and unneces-
sary. I mention this fact in order that the people of the
State may understand why it is that we must have more
money to spend in carrying on the affairs of government.
This additional revenue can be secured in one of three
ways: First, we can change the rate of taxation, which is
fixed by our Constitution at not to exceed 15 cents on the
one hundred dollars valuation, so long as the total assessed
value of property subject to taxation exceeds $900,000,000.
To change the tax rate, would, of course, require a con-
stitutional amendment, and that would take two years,
and we need more revenue, afrid need it now. Another
method would be to require, under such penalties as to
secure obedience, the return and assessment of all property
at its full, cash or market value. This is what the law now
provides for, but the law is neither observed nor enforced.
Property of public service corporations is assessed by the
State Board of Equalization at 33 1-3 per cent of its real
or cash value, while real and personal property throughout
the State is, in a large number of counties, assessed at even
less than one-third of its real value. In the large cities the
necessity for more revenue has resulted in the assessment of
property, particularly real estate in the residence sections,
at from 50 to 75 per cent of its real value. The result of
this imperfect assessment and return has been that that
property which is tangible and easily discovered, such as
real estate and live stock, is assessed much more completely
and at a higher percentage of its value than is generally
the case with other personal property. The owners of
personal property, such as money, bills and notes, do not
return the same for taxation, and they are not discovered
36 MESSAGES AND PROCLAMATIONS OF
by the lax assessors. The result is a most unequal and
unfair distribution of the burdens of taxation.
By providing proper penalties for the failure to comply
with the law, which now requires that property should be
assessed and returned at its full value, an obedience to this
law could be secured. It could also be provided that each
county in the State could levy its taxes upon such per cent
of its assessed value as might be necessary for county
purposes, and that the State Board of Equalization should
assess the State taxes against such portion of the total
valuation as might be necessary for State purposes. Or,
if the tax levy was made upon the full assessed value, the
various counties would be enabled to lower the tax rate,
and there would thus be given to the various counties a
certain home rule or local option in taxation which is both
advisable and desirable, and the rate for State purposes
could be decreased from time to time, according to the
amount of revenue produced. I think that all sensible,
fair-minded men recognize the need for more revenue, and
that no good citizen ought to object to an increase in the
amount of his taxes if the additional funds thereby produced
are expended for necessary and a proper purpose.
Another method for increasing the revenues of the State
is to increase the subjects or sources of taxation for State
purposes. I suggest the following additional sources or sub-
jects of taxation upon which it would, in my opinion, be
proper to impose a tax for State purposes: The capital
stock of corporations; inheritances; the inspection of spirit-
uous liquors; a license tax against distillers and wholesalers
of spirituous liquors, as well as drug stores which engage
in the sale of the same. A State tax for the recording or
filing of mortgages has also been suggested, but as mortgages
are now subject to taxation as personal property, such a tax
would, in my opinion, be clearly unconstitutional. There is
now imposed a tax for the inspection of malt liquors. It
seems, therefore, entirely fair that there should be a tax
imposed for the inspection of spirituous liquors, if such
inspection is practicable, and that a license should be re-
GOVERNOR HERBERT SPENCER HADLEY 37
quired of those persons, other than dramshop-keepers, who
engage in its sale, either by wholesale or retail. There is
now imposed a tax for the benefit of the State University
upon collateral inheritances, and I see no reason why a tax
should not also be imposed upon inheritances generally.
The objection has been offered that a tax upon the capital
stock of corporations would result in a double assessment.
This is not true. A tax upon the capital stock of corpor-
ations would be a tax, not upon its property, but upon the
privilege of being a corporation, which is a franchise which
the State confers and is of benefit and value to those who
enjoy it. I recommend that you give to this question of
taxation and the increase of the revenues of the State a
careful, conservative and exhaustive examination, and
adopt such policy as may distribute, as equally as possible,
the burdens of taxation between all classes of property and
all classes of our citizenship, and at the same time produce
sufficient revenues for the carrying on of the proper and the
necessary affairs of our government.
In case you should decide to impose the tax herein sug-
gested upon inheritances, the capital stock of corporations
and for the inspection and sale of spirituous liquors, it would
probably be unnecessary for you to make any changes in
the method of assessing real and personal property. In-
dependent of the question of the need for more revenue, it
seems to me entirely right and fair that there should be a
tax imposed upon the additional sources or subjects of tax-
ation herein suggested. A strong argument in favor of
any tax is its effectiveness, and I see no reason why a tax
upon these sources of taxation would not be effective. It
is also true that, independent of the question of the need
for more revenue, it would be advisable to have all property
assessed at its full value, and then levy the tax rate only
against such percentage of the full assessment as might be
necessary for State and local purposes. It is my belief
that if a tax was imposed against these additional subjects
of taxation, and property was assessed at its full or cash
value, it would soon be possible for the State to entirely
38 MESSAGES AND PROCLAMATIONS OF
abandon, or greaUy reduce, the tax upon real and personal
property.
THE REDUCTION OF EXPENSES
It is proper in connection with the consideration of the
question as to how to secure more revenue, that we should
also consider the question as to how unnecessary expenses of
government can be avoided or reduced. Wherever it is
possible to decrease the expense of carrying on any depart-
ment of government, without impairing its efficiency, such
action should be taken. On the other hand, a policy which
denies to any department of government the means neces-
sary to accomplish its full measure of usefulness, is a mis-
taken and a misguided one. One particular, at least, in
which the expenses of government may be decreased is in
the case of the expense for criminal costs. Out of the
State revenues alone there is expended each biennial period
nearly $500,000 for the expenses incident to criminal prose-
cutions. While a portion of this expense is a fixed charge
that cannot be avoided, a large portion of it is due to methods
of procedure which were devised centuries ago and have
long since outlived their usefulness. This expense is also
increased in many instances by the reversal of criminal
cases upon technicalities not affecting the merits of the case.
The entire system of criminal procedure should be simplified,
and while all the essential rights necessary for the protec-
tion of the ijmocent should be preserved, such changes
should be made as will result in the prompt and certain
conviction of the guilty. It would probably require an
amendment to the Constitution to secure a complete revision
of our present system of criminal procedure. But, in my
opinion, it would accomplish a useful purpose, not only in
the matter of a saving in criminal costs, but also in the more
important object of securing a prompt and proper adminis-
tration of justice, not only in criminal, but also in civil
cases, if you should enact a law providing that no judgment
should be reversed in a civil or criminal case unless the
appellate court could affirmatively say, after an examina-
GOVERNOR HERBERT SPENCER HADLEY 39
tion of the entire record, that the judgment was for the
wrong party, and that but for the error complained of a
different judgment would have been rendered.
CHANGES IN OUR JUDICIAL SYSTEM
This question naturally connects itself with the ques-
tion of relieving the present congested condition of the
docket of the Supreme Court. It now requires approxi-
mately three years to secure a decision of the Supreme Court
in a case appealed from any of the circuit courts of the
State. This condition is in direct violation of the Constitu-
tion of the State of Missouri and of that ancient charter of
the liberties of the English speaking people, the Magna
Charta, both of which provide that justice shall neither be
delayed nor denied. And this condition works peculiarly
to the injury of the poor man. While the rich man can
afford to wait for the delayed judgments of the court, and,
in fact, is often benefitted thereby, to the poor man, justice
delayed is often times justice denied. The enactment of
such a law as I have suggested, would, if followed in spirit,
as well as in letter, do much in the course of time to relieve
this delay in the decision of cases on appeal, even if it did
not at once bring about the desired correction.
It is, of course, entirely true that upon the courts them-
selves must rest, in the last analysis, both the responsibility
and the duty of correcting this condition. If the courts, in
the decision of cases, would refuse to engage in an extended
discussion of questions long since determined; would dis-
courage the urging of technicalities by refusing to dignify
them with discussion, and would decide cases without an
extended and often times useless recital of the facts and a
discussion of the law, much of the delay incident to the
decision of cases on appeal could be avoided. But whatever
may be the cause, or on whomsoever the fault for this con-
dition may rest, the condition exists and ought to be cor-
rected.
It has been suggested that to bring about a prompt
correction of this condition, there should be established a
40 MESSAGES AND PROCLAMATIONS OF
commission to aid the Supreme Court, or that there should
be created a new Court of Appeals. Either one or both of
these methods seems to me to be advisable, and, I think,
would meet the approval of the bar and of the general
public. In view of the continued growth of our State, the
diversified interests of the different sections and the lack of
free communication between those sections, it may be
advisable to establish two new Courts of Appeals, one for
the southwest and one for the northeast sections of the
State, and give to the Supreme Court simply a general
supervision of the other judicial tribunals of the State and
the consideration and decision of original proceedings.
This system of appellate tribunals has worked successfully
in the State of Texas, and the conditions which make neces-
sary that system there, exist, to a certain extent, here.
The question is one which demands your attention, and
for which some solution should be adopted.
GOOD ROADS
Any discussion of the question as to how the burdens
to which the people are now subject can be relieved by the
State government would be incomplete without reference to
the subject of the building of roads. There is no tax or
burden that falls more directly or more heavily upon the
people of the State than that which is caused by poor roads,
or the lack of roads. The whole problem of transportation,
in fact, the important problem of commerce and of civiliza-
tion itself, is the carrying of that which is produced by
human labor from the place where it is of little or no value
to a place where it is of sufficient value to compensate for
the labor of its production. The expense of transportation
is, in all instances, an added cost to the consumer, and an
added reduction in the return enjoyed by the producer.
And then, in addition to the unprofitableness of poor roads
and the profitableness of good roads, there is the further fact
that the proper construction of public highways has always
been a distinguishing characteristic of a civilized and master-
GOVERNOR HERBERT SPENCER HADLEY 41
fill people. Experience has clearly shown that such a sys-
tem of public improvements must be planned and executed
as a whole, and that it is unwise to leave to the local sub-
divisions of the State either the planning or the execution of
the more important part of this necessary work. And then
a system of State roads, extending to the different parts of
the State, would be both an inspiration and an example to
the people of each county to construct their own independent
system of public highways connecting therewith. I be-
lieve that the situation justifies me in saying that the people
of the State feel that the period of discussion has long since
passed and the time for action in this matter has now
arrived.
THE SIGNIFICANCE OF OUR HISTORY
In the various matters that I have presented for your
consideration today, I do not mean to say that our State
has fallen behind our sister states. But even if we could
feel that we were on an equality with the other states in
all of those departments of governmental activity which
tend to promote the happiness, the welfare and the pros-
perity of the people, that should not be sufficient. For
if there is any significance that is peculiar to the history and
the achievements of this State, it is that the Missourian
has been the great pioneer. Missouri was the first State
lying wholly west of the Mississippi to be admitted to the
Union, and it was her privilege to bring into the Union the
last of the states formed from the territory of the original
thirteen colonies. For Maine entered the Union upon the
shoulders of Missouri. For forty years Missouri stood as an
outpost of civilization, reaching out into the unknown and
undeveloped west. From her borders radiated the two great
highways of western exploration, travel, commerce and of
conquest, one ending in the northwest on the shores of the
Pacific, and the other in the southwest in the land of the
Mexican and the Spaniard. And along these great highways
marched those hardy Missouri pioneers, hunters, trappers,
traders and soldiers v ho were to bind to our national
42 MESSAGES AND PROCLAMATIONS OF
domain that great empire that lies between the Mississippi
and the Pacific by stronger ties than treaties and laws.
The Missourian has been the pioneer of the west, leading
the westward march of civilization across the American
continent. But not only in the work of developing the
latent resources, shaping the institutions, and framing the
laws of the states that lie between the Mississippi and the
Pacific has the Missourian done the work of the pioneer.
The glory of Missouri is not alone the glory that comes
from things done in the past. Her achievements are not as
a story that is told. She lives today in the active, throbbing,
eager life of the civilization of the twentieth century. And
in that great moral awakening which has swept across the
country, creating an increased interest in the performance
of the duties of citizenship, raising the standards of honesty
and efficiency in the public service and in the working out of
those great problems which, as the product of our complex
and commercialized civilization, confront us today, Mis-
souri has also done the work of the pioneer. In the work
that now lies before us, may we understand the significance
of our history and properly express it in the performance of
our official duties. But as we act in response to the in-
fluences of the past, may we also stand with our faces toward
the future, with minds ever open to the morning and the
sunlight, ever open to new thoughts and new duties as the
new years bring their lessons.
HERBERT S. HADLEY.
GOVERNOR HERBERT SPENCER HADLEY 43
FIRST BIENNIAL MESSAGE
JANUARY 4, 1911
From the Appendix to the Journals of the General Assembly \ 1911
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, JANUARY 4, 1911.
To the Forty-sixth General Assembly:
The Constitution of Missouri in authorizing the Gover-
nor to recommend to the consideration of the General
Assembly "such measures as he shall deem necessary and
expedient," imposes upon him the duty of advising it as to
the financial condition of the State and the money necessary
to be raised by taxation. It is important that the sources
from which our revenues come, as well as the manner in
which they should be expended, should be carefully con-
sidered by you, in order that the burdens of taxation may be
equally distributed and adequate revenue provided for the
conduct of State affairs.
FINANCES
During the biennial period beginning on the first of
January, 1907, and ending on the first of January, 1909,
the appropriations made by the Legislature, not including
the one-third of the revenues appropriated for the public
schools, amounted to $6,961,083.92, and the revenues
available for the payment of these appropriations amounted
to only $5,475,154.11. The excess of appropriations over
revenues resulted in a very considerable portion of the
amounts appropriated during that biennial period being
unavailable for expenditure. And it became necessary for
the 45th General Assembly, convening in the month of
January, 1909, to reappropriate approximately $900,000
of the amounts appropriated in the previous biennial
period.
44 MESSAGES AND PROCLAMATIONS OF
The appropriations made by the 45th General Assembly
for the biennial period beginning on the first of January,
1909, and ending on the first of January, 1911, including the
re-appropriations heretofore referred to, amount to $6,-
821,286.77. As it was estimated at the beginning of this
bienniaj period that the revenues would not be sufficient
for the payment of these appropriations, I urged upon the
last General Assembly, not only such changes in our present
system of taxation as would secure just and equal distribu-
tion of its burdens, but a greater amount of revenue. I
also recommended the enactment of laws selecting other
subjects of taxation of which the State had not theretofore
availed itself for revenue purposes.
These suggestions included a change in the system of
inspecting the refined products of petroleum for the pur-
pose of additional security and safety to the people in the
use of those products, and also for the purpose of deriving
some revenue therefrom; a law imposing a tax for the
inspection of spirituous liquors as there now exists a tax for
the inspection of malt liquors; a corporation franchise tax,
and a tax upon inheritances, with an exemption of estates
not exceeding $10,000. Laws were enacted along the lines
of the first two suggestions, but the corporation franchise
tax law failed to secure the approval of the Senate, and the
inheritance tax law failed to receive the approval of either
body.
Under the law passed for the inspection of the products
of petroleum, there has been derived a revenue of approx-
imately $8,500 each month, a larger amount, in fact, than
had been derived in any one year during the twenty years
the old law had been in existence, and the efficient inspection
of the refined products of petroleum has also been secured.
In considering the question of a tax for the inspection
of spirituous liquors, it was deemed advisable to require a
license, with a suitable tax thereon, from those engaged as
wholesalers of intoxicating liquors. This plan was adopted
in view of the assurances given by representatives of these
interests that a law providing for the inspection of spirituous
GOVERNOR HERBERT SPENCER HADLEY 45
liquors would be impracticable and that the requirement of a
license for such wholesalers would be advisable in the regula-
tion of the liquor traffic and accepted without controversy.
Notwithstanding these assurances, the enforcement of this
law has been resisted and its constitutionality is now pend-
ing before the Supreme Court for decision, with the result
that no revenue has been derived therefrom.
In this connection, I would suggest that the objections
raised as to the constitutionality of this law be carefully
examined into, and if the same seem to be well founded
that such corrections be made as will make this law in
compliance with the Constitution of the State.
I also recommended to the 45th General Assembly an
increase in the licenses upon dramshops, which, under exist-
ing law, is to be not less than $200 nor more than $400 a year.
A bill accomplishing this result received the approval of
the House, but failed to receive the approval of the Senate.
Under the practice which then existed, the tax imposed
upon these licenses for State purposes throughout the State
was only $200 a year, but though the action of the Excise
Commissioner of the City of St. Louis and the County Court
of Jackson county, the tax upon dramshop licenses for State
purposes in St. Louis and Jackson county has been increased
to $300 a year, this increase affecting approximately two-
thirds of the saloons of the State. From this source there
will be added to the revenues of the State each biennial
period approximately $600,000.
It is manifestly unfair that there should be imposed a
larger State tax upon dramshop licenses in one section of the
State than in another, and in this connection I recommend
that this tax throughout the State be increased to, at least,
$300. In answer to the suggestion that by such increase
the number of saloons may be reduced and no increase of
revenue therefrom for State purposes be secured, I submit
that if such a result should follow, the State could well
afford to suffer the loss of revenue in order to secure the
decrease in the number of that character of saloons which
might be unable to meet this added burden of taxation.
46 MESSAGES AND PROCLAMATIONS OF
From these two sources, together with some unexpected
additions to the State's revenue through the Standard Oil
fine, the re-incorporation of railroad companies and in-
creases in the assessed valuation of real and personal property
the total revenue received during the present biennial
period for general purposes amounts to $6,398,727.16, and
the State has thus been enabled to meet all of the appropria-
tions made by the 45th General Assembly which received
executive approval, with a balance of $663,178.62 in the
general revenue fund in the State treasury. Against this
amount, however, should be charged, at least, one-fourth
of the revenues received since the first of July, 1910, viz.,
$462,610.89, which, under the Constitution, the General
Assembly is required to appropriate for school purposes.
NEED OF MORE REVENUE
In view of the increasing demands of the different de-
partments of the State government and the conditions
anticipated at the beginning of this biennial period, the
people of the State are to be congratulated upon its present
financial condition, the prompt meeting of all its obligations
and the payment of the necessary appropriations made by
the last General Assembly. It is, however, becoming in-
creasingly apparent that the revenues available under our
present system of taxation are inadequate to meet the
increasing expenses of government. Not only have the
different departments of government increased with the
increase in population, but during the last several years
many new departments of government have been created.
The number of inmates in the different State eleemosynary,
penal and reformatory institutions has increased, as has
the number of students in the different educational in-
stitutions. This has resulted in the necessity for new build-
ings and an increased expense in the conduct of the in-
stitutions. Further, many of the State institutions were
constructed years ago; some over fifty years ago; and a
number are now in bad condition of repair and need to be
GOVERNOR HERBERT SPENCER HADLEY 47
reconstructed, with modern conveniences added. The neces-
sity for such work has been generally recognized for a num-
ber of years by those familiar with the different State in-
stitutions, but the lack of revenue has prevented urgent
demands being made therefor.
The salaries paid to the State officials and the employes
in the different State departments are from one-third to a
half lower in the State of Missouri than in States similar
in population and wealth. These salaries were generally
fixed twenty-five or thirty years ago when the cost of living
was much less than it is at the present time. While public
office should not be looked to for the money rewards that it
gives, men should not be asked to accept public office when
the salaries provided are insufficient to meet the expenses
incident to a changed location and the increased cost of
living; and it should not be a source of satisfaction to the
people of Missouri that their public officials receive far less
than do the public officials of other States.
The question of reducing the expenses of government
and abolishing useless offices, where such result can be
accomplished without impairing the efficiency of the public
service, is as necessary and advisable as the making of
appropriations for the proper support and equipment of the
State institutions and the adequate compensation of State
officials. This subject will be dealt with further in another
part of this message.
CORPORATION AND INHERITANCE TAX
The two additional subjects of taxation suggested to
the last General Assembly are still available for consideration
by this. Since the meeting of the last General Assembly the
National Congress has, however, passed a corporation
franchise tax law, and from the returns received by the
national government, it appears that there are in the State
of Missouri 14,899 corporations, with a total capitalization
of $1,024,670,347.50. While it may be urged by some that
the imposition of this tax by the national government
48 MESSAGES AND PROCLAMATIONS OF
should relieve such corporations from further taxation by
the states, yet it is to be remembered that a number of the
states have already imposed a similar tax upon the franchise
of existence of business corporations, proportioned generally
from 25 cents to one dollar upon each one thousand dollars of
capitalization. There would, therefore, be no injustice
to the corporations in the State of Missouri if this State
should follow the example of other states and impose a tax
of 25 cents upon each one thousand dollars of capitaliza-
tion. Particularly is this so when it is considered that this
subject of taxation belongs more properly to the states than
to the national government. It is from the states, and not
from the national government, that the corporation received
its franchise of existence. And it is under the provisions
of state laws that those who associate themselves together
in a corporate capacity for the conduct of any business
enjoy immunities and privileges which partnerships and
private individuals do not enjoy under the law. I, there-
fore, again urge upon you the consideration of this addi-
tional subject of taxation.
I again recommend to your favorable consideration the
imposition of a tax upon inheritances, with such exemptions
as will relieve the estates of people of ordinary means from
this tax. I am satisfied that the exemption of estates under
ten thousand dollars in value would be constitutional and
that there would be no injustice or unfairness to the bene-
ficiaries of estates in excess of this amount if they were
required to pay a reasonable tax for receiving under the laws
of this State the privilege that they enjoy through the law
of descents and distribution. There is now imposed a
tax for the benefit of the State University upon collateral
inheritances. And in dealing with this subject, it would,
in my opinion, be well to provide that all of the revenue
derived from the taxation of direct and collateral inherit-
ances go into the general revenue fiijnd of the State and
from that source make proper appropriations for the support
of the State University, as well as the other State institu-
tions.
GOVERNOR HERBERT SPENCER HADLEY 49
TAXATION
If such Ja\vs as I have herein suggested were enacted,
I believe that adequate revenue could be derived for the con-
duct of the state government, without any substantial
change in the present methods of assessing the real and
personal property of the State. But manifestly, from the
standpoint of fairness, as well as from the standpoint of
expediency, there should be a change in the present method
of assessing the real and personal property subject to a
property tax. The Constitution of the State provides that
all property shall be "assessed in proportion to its value,"
and the laws of the State provide that the property owners
shall return and that the assessors shall assess all real and
personal property at its true value. It is made the duty of
the county boards of equalization to equalize assessments
by raising the valuation of all property which has been
assessed or returned below "its real value," and it is made
the duty of the State Board of Equalization to equalize
assessments by adding to each class of property which it
believes to be valued "below its real value in money," such
per centum as will increase the same to "its true value."
None of these laws is either enforced or observed.
This condition is not peculiar to Missouri, for the same
condition exists in most of the states of the Union. And no
more striking example of the non-observance and the non-
enforcement of laws is to be found than in the method in
which our revenue aiid taxation laws are habitually dis-
regarded in the return and the assessment of property for
the purposes of taxation. The correction of this evil is
by no means an easy one, and its consideration is apt to be
involved in misunderstandings and confused by demagogy.
Under the system existing now in the State of Missouri,
real estate, outside of the large cities, is usually assessed at
from 15 to 33 1-3 per cent of its actual value. In the cities,
by reason of the greater local demands for revenue, it is
generally assessed at from 40 to 65 per cent of its actual
value. While personal property throughout the State,
50 MESSAGES AND PROCLAMATIONS OF
such as live stock, is usually assessed at about the same
percentage of its actual value as real estate, such personal
property as moneys, credits, notes and bonds, together with
bank stock, is assessed at from 50 to 100 per cent of its
actual value. One of the resulting evils of this unequal
assessment is that persons owning intangible personal
property, such as moneys, notes and bonds, do not make a
correct return of the same for the purpose of taxation, and
the justification that they offer in so doing is that the prop-
erty of their neighbor, which consists of real estate, is
returned or assessed at a far less per cent of its actual value
than would be their moneys or their bonds, in case they
returned them to the tax assessor for the purpose of taxation.
One of the objections urged to the enforcement of our
present laws is that it would increase the tax upon the
real and tangible personal property of the State. This
is not necessarily true. The Constitution provides that the
tax rate for State purposes shall not exceed 15 cents on the
100 dollars valuation; and the limit for local purposes is
the maximum, and not the minimum. If the assessment of
the real and personal property of the State was doubled and
the tax rate reduced one-half, the taxes of any property
owner whose property is now assessed would remain un-
changed. But if all property was returned for the purposes
of taxation and assessed at the same percentage of its
value, the tax rate for state and local purposes could not
only be reduced, but the taxes of those who now pay taxes
would be reduced in greater proportion in view of the in-
creased amount of property which would thereby become
subject to assessment. It is evident, therefore, that the
first step in bringing about a reform in our present system
of taxation is to secure the return of all property for the
purpose of assessment, and in order to secure this result,
there must be given the assurance that all property will be
assessed at the same percentage of its true value. This
could be accomplished in one of two ways: The return of
all property at its full value could be required under effective
penalties, and the State Board of Equalization authorized
GOVERNOR HERBERT SPENCER HADLEY 51
to fix the per cent of such valuation which should be subject
to the constitutional tax rate for State purposes; or, with
all property returned at its full value, the Legislature could
fix a tax rate less than the constitutional limit which would
produce sufficient revenue to meet its appropriations.
Taxation is, of course, a necessity to organized govern-
ment, and the first concern of all government should be to
provide sufficient revenue for the proper conduct of public
affairs by a system of taxation which will equally and fairly
place its burdens upon all persons and all classes of property.
No more important subject will occupy the attention of
this General Assembly than the correction of the imperfec-
tions and the abuses incident to our present revenue system.
And after six years of actual contact with and careful study
and investigation of this problem, I am satisfied that the
plans herein suggested furnish the best, if not the only,
solution which is practicable and which will at the same time
be just and fair to all interests. If the several sources of
revenues herein suggested were made available for the
purpose of taxation by proper laws, and the return of all
property for the purpose of taxations was secured, I am
satisfied that it would be possible to reduce the tax rate for
State purposes to five cents, or even less, upon each one
hundred dollars of valuation, or to reduce the per cent of
actual value of all property for the purposes of taxation to
at least 25 per cent. And it would be a splendid result for
the people of this State to accomplish, if we could secure
adequate revenue for public purposes by subjecting all
property, franchises and privileges as well as real and per-
sonal property to taxation fairly and equally imposed.
HOME RULE
Another subject of continuing importance is the relation
between the State government and its large cities. While
the problem of the cities is always with us, experience and
study enforce the conviction that this problem should, in
the first instance, be a problem with which the people of
52 MESSAGES AND PROCLAMATIONS OF
the cities should be required to deal, rather than the people
of the State as a whole. The so-called question of "home
rule" has been complicated and its proper solution retarded
by reason of the fact that the controversy has become, to
a large extent, a political one. Following the failure of
the 45th General Assembly to enact legislation giving to the
people of the three large cities of the State the control of
their police and excise affairs, I asked the civic organiza-
tions of those cities to interest themselves in this subject
for the purpose of preparing a measure to be submitted
by initiative petitions to the vote of the people. On account
of the complications arising from the large number of amend-
ments to the Constitution submitted to the consideration of
the people at the last election, it was deemed inadvisable
to submit such a question at that time. But the representa-
tives of the civic organizations of these three cities have pre-
pared legislative measures for the purpose of giving to the
people of the large cities, through their local officials, the
appointment of the boards or commissioners charged with
the conduct of the police and excise affairs in those cities.
The opinion that I expressed in my message to the last
General Assembly, that such laws were advisable and just,
has been strengthened by experience and investigation since
then. I am firmly of the opinion that the control of these
affairs should rest with the people of the large cities, who
are the people most directly interested and affected. While
the demand for this right has been far less insistent during
the last few years than heretofore, I feel that the correct-
ness of the principle and the incorrectness of the policy
now provided for by law should result in such legislation
as will impose the control of police and excise affairs upon
the people of the large cities, even though they do not de-
mand it as a right.
The question as to whether there should be conferred
upon the Governor the power of removal of the officials
charged with the conduct of police and excise affairs, in
case they should fail to perform the duties specially im-
posed upon them, has been a subject of controversy. It is
GOVERNOR HERBERT SPENCER HADLEY 53
my opinion that it would be advisable to confer such power
upon the Governor with proper safeguards against its abuse.
While the conduct of these departments of government is
one in which the people of the large cities are more directly
interested than the people of any other section of the State,
they are still departments of the government in which the
people of the State have a substantial interest. And it is,
in my judgment, neither inappropriate nor inadvisable
that the Governor, who, as chief executive, is charged with
the duty of seeing that the laws of the State are equally and
effectively enforced, should have the power of removing
such officials if they should fail to enforce the laws with which
they are specially charged.
A marked advance has been made in many states in
municipal government by the adoption of a commission,
instead of the present form of government. Some ques-
tion exists as to whether under our Constitution the munici-
palities can adopt the commission form of government.
Able lawyers, whom I have consulted upon this question,
have advised me that this can be done, and I recommend
that such legislation be adopted as will make it possible
for, at least, the smaller municipalities of this State to
accomplish this desired result.
LIQUOR QUESTION
The regulation and control of the liquor traffic has
been a subject of active public interest during the last few
months, by reason of the submission to the people of an
amendment to the Constitution prohibiting the manufacture
and sale of intoxicating liquors. The defeat of this amend-
ment by a decisive majority should not be misunderstood
or misconstrued. It would be unwise and incorrect for those
interested in the liquor traffic to accept this result as the
expression of a desire upon the part of the people of this
State that a more liberal policy should be pursued in the
regulation and control of the sale of intoxicating liquors.
Experience has clearly demonstrated the necessity that the
54 MESSAGES AND PROCLAMATIONS OF
business should be strictly regulated, and that the evils
incident thereto should be eliminated, so far as it is possible
to eliminate them through regulation. The result of the
vote upon this amendment is rather to be accepted as an
expression of the judgment of the people of this State that
the sale of intoxicating liquors can be more effectively
regulated through its license, where public sentiment is in
favor of its sale, than through efforts to prohibit it through-
out the State. While during the last two years the laws
regulating the conduct of this traffic have generally been
satisfactorily enforced and observed throughout the State,
and particularly in the large cities, there are further laws
that would, in my judgment, be advisable. I have already
referred to the State tax upon dramshop licenses which
should be fixed at, at least, $300 throughout the entire
State.
"SEPARATION OF THE BREWERY FROM THE SALOON"
The question of prohibiting those engaged in the
manufacture of malt or spirituous liquors from being con-
nected, directly or indirectly, with its retail sale was an
active subject of discussion before the last several General
Assemblies. It is conceded that to permit a corporation
engaged in the manufacture of intoxicating liquors to con-
trol a large number of dramshops, tends to create a feeling or
irresponsibility upon the part of those to whom such licenses
are granted as to complying with the laws regulating their
operation, and also tends to create a combination of political
power and influence which is both inadvisable and dangerous.
It is unquestionably the purpose of the present law
to accomplish the result of the "separation of the brewery
from the saloon," but this result has not been satisfactorily
accomplished. I believe it would be advisable to specifically
provide that those engaged in the manufacture of intoxicat-
ing liquors should not, directly or indirectly, be connected
with the retail sale of liquors, as this would result in a
greater personal and financial responsibility and incentive
GOVERNOR HERBERT SPENCER HADLEY 55
on the part of those conducting the dramshop to comply
with the regulations which the State imposes.
RESIDENTIAL LOCAL OPTION
The so-called question of ward or residential local
option for the large cities was also an active subject of
discussion by the last General Assembly. Our present
laws requiring petitions of property owners before a license
to conduct a dramshop can be granted in any b'ock, to a
certain extent, accomplished this result. While the ques-
tion is not entirely free from difficulties, I feel that such
changes should be made in the law as will enable those living
in the residence districts of the large cities more effectively
to prohibit the existence of saloons therein.
LID CLUBS
The law, however, which I consider most important
and necessary for the proper regulation of the liquor traffic
in this State is one which will require all clubs or voluntary
associations engaged in selling or dispensing intoxicating
liquors to their members to first secure a license from the
authorities authorized to issue dramshop licenses; such
license to be granted only upon a proper showing that the
club or organization is one of good reputation and exists
for a bona fide purpose, and not for the purpose of evading
the dramshop laws. The necessity of such a law has been
made apparent by the experience of the last five years since
the law requiring the closing of saloons on Sunday has been
enforced and observed. As a result of the enforcement of
this law there have developed in the larger cities of the
State, and particularly in the City of St. Louis, clubs or
Associations kno\vn as "Lid Clubs," which exist principally,
if not entirely, for the purpose of selling or dispensing in-
toxicating liquors upon Sunday. Notwithstanding the per-
sistent and vigorous efforts of the prosecuting and police
authorities of the City of St. Louis to suppress the sale of
liquor by these clubs, their efforts have been only partly
56 MESSAGES AND PROCLAMATIONS OF
successful. In case the only clubs or associations that sold
or dispensed intoxicating liquors to their members were bona
fide fraternal or social organizations, there might be some
room for a difference of opinion as to the advisability of re-
quiring such organizations to secure a license before engag-
ing in the sale or dispensation of intoxicating liquors. But
in view of the existence of the large number of "Lid Clubs"
heretofore referred to, the necessity for such a law is readily
apparent, and, in my judgment, there exists no reasonable
ground for a difference of opinion as to its advisability.
REGULATION OF PUBLIC SERVICE CORPORATIONS
The question of the regulation of public service corpor-
ations is a continuing question of public interest and con-
cern. The right of the people to regulate, either by legis-
lative enactments, or through orders of a commission prop-
erly authorized, the rates and service of public service cor-
porations is now not only generally conceded, but the neces-
sity of such regulation is also generally recognized. The
efforts of the State and the various municipalities of the
State to accomplish effective regulation of the rates and
service of public service corporations in Missouri has not
been attended with satisfactory results. Maximum freight
rate laws passed in 1905 and in 1907 by the General Assembly
are still unenforced by reason of injunctions against their
enforcement granted by the Federal Courts. The enforce-
ment of the two-cent passenger rate law passed by the 44th
General Assembly has also for the last eighteen months
been enjoined by an order of the United States Circuit
Court. The constitutionality of both of these laws is now
pending for decision before the Supreme Court of the United
States, the cases having been submitted for decision last
October.
REGULATION OF PASSENGER RATES
The present situation in this State with reference to
passenger rates is very unsatisfactory. Thirteen of the eigh-
teen railroads doing business in the State are charging two
GOVERNOR HERBERT SPENCER HADLEY 57
and one-half cents a mile, while five of the strongest roads
in the State, viz. : The Missouri Pacific, Atchison, Topeka &
Santa Fe, Iron Mountain, Missouri, Kansas & Texas and
the Cotton Belt, are charging three cents a mile. This
charge is being exacted by these roads in the State of Mis-
souri notwithstanding the fact that in the contiguous states
of Illinois, Iowa, Nebraska and Kansas they are charging
only two cents a mile, and notwithstanding the fact that a
Judge of the United States Circuit Court, in enjoining the
enforcement of the two-cent passenger rate law in this
State, gave it as his opinion that two and one-half cents a
mile would be a reasonable rate for these roads to charge.
If legislation can be enacted to correct this manifestly dis-
criminatory and unfair charge that is being exacted from
the people of Missouri, it should be enacted.
During the session of the 45th General Assembly there
was considered by the Legislature a law authorizing the
Board of Railroad and Warehouse Commissioners to fix
passenger rates. This bill passed the House, but failed to
receive the approval of the Senate. While I believe that
this Board or a Public Service Commission should be author-
ized to fix passenger rates, I do not believe that a correction
of existing conditions should now be secured in this way.
As it is my opinion that if this Board was authorized to fix
passenger rates in excess of the maximum heretofore fixed
by law, viz.: two cents per mile, such an order would, in
effect, result in the repeal of this law and the abandonment
of the case now pending before the Supreme Court in which
the constitutionality of the two-cent fare law is to be decided.
The result would, in my opinion, be highly inadvisable, as
it was my earnest conviction from the knowledge gained by
participating in this litigation for over two years as Attorney
General, that the two-cent passenger rate was not con-
fiscatory, certainly not in the case of the larger and stronger
railroads in this State. These roads, as well as the other
roads in the State, are now carrying passengers across the
State at .a charge of two cents a mile, and in many instances
less than two cents a mile, notwithstanding the fact that
58 MESSAGES AND PROCLAMATIONS OF
railroads are, under the Constitution and laws of this State,
common carriers and required by the law which gives them
existence to be carriers common to all alike, on equal, as
well as reasonable terms. I recommend to the favorable
consideration of this Legislature a measure that I recom-
mended to the consideration of the last, prohibiting, under
the express authorization of the Constitution of the State,
railroads from charging more for a short than for a long haul
or a higher rate per mile for a passenger carried within the
State than that which is charged one carried across the
State, or from this State to another State.
ANTI-PASS LAW
I also feel that a law prohibiting, under appropriate
penalties, railroads from issuing passes would tend to a
proper solution of the passenger rate question. A railroad
has no more right in law or in morals to carry one person
free of charge while others are charged full fare for the
same service, than it would have to carry the stock of one
farmer to market free of charge, while exacting a full rate
from all other farmers in the community to make up for the
cost of carrying the stock of one farmer without any charge
at all; or for carrying the goods of one merchant free of
charge while charging all other merchants for the carrying
of their freight sufficient to make a profit on all of the freight
carried for that community. The railroad pass is a dis-
crimination; is unjust, unlawful and indefensible.
PUBLIC SERVICE COMMISSION
While I firmly believe in the correctness of all that I
have asserted with reference to this matter, yet it is also of
the highest importance to the people of Missouri that they
should be careful not to enact harsh or retaliatory measures
affecting the railroads or other large business interests of
the State. The period of railroad development in Mis-
souri is not yet completed. We need more railroads to
assist in the development of the undeveloped sections of
GOVERNOR HERBERT SPENCER HADLEY 59
our State, as we need more capital to aid us in the develop-
ment of our undeveloped resources. In order to secure this
result, such interests must be assured of fair and conservative
treatment by the State. I believe that this assurance can
be best given and a satisfactory result secured if the Legis-
lature would create an appointive public service commis-
sion with such provisions as to its personnel and powers
as would insure a careful, scientific and conservative in-
vestigation of every situation before an order was made in
reference thereto. I do not believe we will make any sub-
stantial progress in the solution of the question of the regula-
tion of our public service corporations until this method is
adopted. The experience of other states, notably the ex-
perience of New York and Wisconsin, demonstrates the
effectiveness of this method of dealing with this question.
And it is my judgement that a State public service commis-
sion can more effectively and satisfactorily regulate all
public service corporations doing business in the State than
can such commissions created by the councils of the different
municipalities, or can the councils themselves. However,
if it was deemed advisable to except those municipalities
in which public service commissions exist, or may exist by
law, such an exception could be easily made. The ex-
perience, however, of the various municipalities in regulating
public service corporations doing business therein has not,
in my opinion, been sufficiently gratifying to justify or
necessitate such an exception. The establishment of a
State public service commission would, I am satisfied, give
to capital invested and seeking investment that assurance
which it seeks and requires that investigation would precede
regulation; that.no radical, extreme or retaliatory orders
would be adopted or enforced, and, on the other hand, it
would give the people assurance and that their rights would
be safeguarded and their interests protected.
No stronger assurance could be given to those interested
in the public service corporations of the State that fair
treatment and just methods of regulation would be adopted
by the State than by the adoption of an effective, modern
60 MESSAGES AND PROCLAMATIONS OF
and business-like management of its own business and in-
stitutions. And it would seem to logically follow that the
people of the State ought not to ask the right to regulate
those businesses affected with a public use unless they
could give an example of their capacity to manage their
own businesses and their own institutions capably, economic-
ally and effectively.
BOARD OF CONTROL
I feel that there exists much room for improvement in
the management of our educational, eleemosynary, penal
and reformatory institutions, as well as the different State
departments. Each of our State institutions is now man-
aged by a board of five members, appointed by the Governor,
who serve without pay, with the exception of the State
Penitentiary, which is managed by a warden, with the
assistance of a board of prison inspectors composed of the
State Treasurer, State Auditor and Attorney General.
This system of management by separate boards results
in different standards of efficiency in institutions of the
same kind; different cost of maintenance; different prices
being paid for materials and supplies and the a f bsence of
effective business methods which would be possible with a
more concentrated system of control. Too much credit
cannot be given to the public spirited citizens who have
served upon the boards of the educational, eleemosynary
and reformatory institutions of the State, while it is a source
of gratification to the people of the State that all of their
educational, eleemosynary, reformatory and penal institu-
tions have generally been conducted with reasonable
efficiency, free from scandals or peculations, yet this result
does not justify the continuance of a system that has been
abandoned by a large number of the leading and progressive
states for a more concentrated system of control that has
been found more satisfactory because more efficient and
more economical.
I recommend to your favorable consideration the
passage of a law which will place the management of all of
GOVERNOR HERBERT SPENCER HADLEY 61
the eleemosynary institutions of the State in the charge of a
salaried board which shall devote all of its time to that work.
The objections to a separate board of control for each of
these institutions do not obtain so strongly with reference
to the educational institutions of the State, and, for the
present, at least, I deem it advisable that no change be
made in their management.
BOARD OF PARDONS
I believe, however, it would also be advisable to provide
for a Board of three members who shall have charge of the
penal and reformatory institutions of the State, and who shall
also act as a Board of Pardons for those confined in these
institutions. I am confident that such a system of concen-
trated control would be successful from the standpoint of
economical and efficient management, and the proper con-
sideration of the applications for executive clemency re-
quires, in my opinion, a board which would give to all
such cases a preliminary consideration. Under the present
system, it is impossible for the Governor, even with the
assistance of a Pardon Attorney, to examine all of the
applications for executive clemency that come to him from
those confined in the State Penitentiary. The result is
that many who deserve executive clemency fail to receive it
through the lack of time and opportunity to carefully
examine into the merit of their applications.
STATE REFORMATORY
I also feel that there is an urgent necessity for the
establishment of a State reformatory in which could be con-
fined many youthful offenders now in the State Penitentiary,
and many of the older of those youthful offenders now con-
fined in the Training School for Boys at Boonville. There
are approximately seven hundred boys under twenty-three
years of age, who are first offenders, who are confined in
the State Penitentiary under unsatisfactory conditions
and brought into daily contact with mature and experienced
62 MESSAGES AND PROCLAMATIONS OF
criminals. There are perhaps one hundred boys confined
in the Training School whose criminal tendencies and ad-
vanced years impair, to a considerable extent, the value
of that institution to the other inmates. These two classes
could be placed in the State Reformatory with benefit to
themselves and an improvement in conditions in both the
Training School and the State Penitentiary.
CONTRACT LABOR
The establishment of such an institution would also, in
my opinion, furnish a good means for a change in the system
of contract labor that now obtains and has obtained for
many years at the State Penitentiary. The abandonment
of this system has been endorsed by both of the leading
political parties in the last two campaigns in their state
platforms. But the substitution of proper employment for
the 2,300 men and women confined in the State Penitentiary
for the present system of contract labor presents a very
difficult problem. And this question is rendered more
difficult by the fact that this system of labor has become
thoroughly established through the many years that it has
been in existence. If a State Reformatory could te es-
tablished and a means of occupation provided for those
confined therein, other than by contract labor, the system
could, after proper experiment, be extended to the State
Penitentiary. But in addition to this advantage, the
benefit to society of such an institution is so apparent that
argument in its favor is almost unnecessary.
STATE DEPARTMENTS
The adoption of more effective and businesslike methods
in the conduct of the State Departments is also a matter
well deserving of your consideration. It is a fact well known
to all familiar with conditions that public affairs are not
generally managed with the efficiency or economy with
which business affairs are conducted. One of the evils of
our system of politics is the tendency to create or to main-
GOVERNOR HERBERT SPENCER HADLEY 63
tain a greater number of appointees than are necessary for
the proper conduct of public affairs. A correction of this
condition is attended with more or less difficulties in view of
the fact that it requires the discharge of those now in public
position. This question, however, ought to be dealt with
from the standpoint of public interest alone.
I recommend that a committee of this General Assembly
be selected for the purpose of investigating conditions in
every State Department and State institution to ascertain
if by the proper systematizing of the business therein the
number of appointees cannot be greatly reduced and the
business methods therein improved.
There can also be something effective accomplished
along this line by the consolidation of departments. It is
my judgement that the work of the State Food and Drug
Commissioner and the State Dairy Commissioner should
be performed by one and the same person. This is the
practice in most of the states and the w r ork of the two de-
partments is so intimately connected that more effective
public service can be secured by having one official perform
the \\ork of both positions and the expenses of two de-
partments can thus be avoided.
The work of inspecting the hotels of the State, so as
to secure proper safeguards against dangers by fire, and
proper sanitary conditions so as to prevent the spread of
contagious and infectious diseases, can be as effectively,
and far more economically performed in connection with
the work of the State Factory Inspector, w 7 ho could be made
an Inspector of Factories axid Buildings.
Considerable of the work of the Bureau of Labor Statis-
tics is also done by other State Departments. This duplica-
tion of labor should be corrected wherever it is practicable
to do so.
The work of the State Fish Commission, which has been
inadequately supported in the past, could be more effectively
done under the direction of the State Game and Fish Warden.
By reason of the failure of local officials to enforce laws
preventing the dynamiting of streams, the fish in the
64 MESSAGES AND PROCLAMATIONS OF
streams and rivers of the State have been practically des-
troyed. Fish is the poor man's food, and no State in the
Union offers better facilities for the raising of fish than does
the State of Missouri. If the work of the Fish Commis-
sion was placed under the direction of the Game and Fish
Warden, the expense of the conduct of this department could
be paid out of the funds created from hunters' licenses and
adequate appropriations thus provided for the effective
propogation and distribution of fish.
Other examples might be given of departments that
might with profit be consolidated so that the expenses of
government could be decreased without impairing in any
way, but, on the other hand, increasing, the efficiency of the
public service.
Under the present system, which has been in practice
for a number of years, the money collected by the State
Grain Inspection Department for the grading of grain sold
in the public markets of the State is not paid into the State
treasury, but is expended under the direction of the State
Board of Railroad and Warehouse Commissioners. I recom-
mend that a law be enacted which will require this money
to be paid into the State treasury as other moneys collected
by public officials, in order that the same may be paid out
under the safeguards provided by law for the expenditure
of other public funds.
PUBLIC ACCOUNTANT
Experience and observation emphasize the necessity
for a more dependable system of examination of the books
of account of the various State Departments and State
institutions in order that no possible irregularities or short-
ages can occur or continue for any considerable length of
time.
A more effective system of accounting should also be
provided for as between the State and the different counties.
Under the present practice, there doubtless come into the
hands of county officials considerable sums of money on
GOVERNOR HERBERT SPENCER HADLEY 65
claims payable by the State which are in reality unexpended,
and amounts are charged against the State which, in many
instances, should be paid by the counties or, which, on
closer examination, would be found not to be legal charges
at all. An examination of the accounts of several counties
has shown that considerable sums of money on account of
escheats, state witness fees and charges for writing up of
the tax books are probably due the State from many, if
not a majority, of the counties.
A state official specially charged with the duty of mak-
ing such examination and securing the collection of sums
due the State, as well as the examination of all books of
account, could doubtless secure for the State a very con-
siderable sum of money that belongs to it and also prevent
the recurrence of such conditions as well as irregularities or
shortages in the handling of the State's funds by public
officials charged with their disbursement.
UNDEVELOPED RESOURCES
The result of the last census emphasizes most im-
pressively the necessity of doing all that can be done to
secure for Missouri new home-seekers and new investors
to aid in the development of the undeveloped resources of
the State. Although Missouri is the oldest of those states
lying wholly west of the Mississippi to be admitted to the
Union, it is one of the most undeveloped states in the Mis-
sissippi valley. Of our forty-four and one-half million of
acres of land only twenty-three and one-half millions have
ever been touched by a plowshare. Though we produce
more lead and zinc than all of the rest of the country, and,
in fact more than any nation in the world, though the mining
of coal constitutes one of the leading industries of the State,
there doubtless lie beneath the surface of our soil greater
stores of mineral wealth than have yet been discovered or
developed. Missouri has more miles of navigable water-
ways than any inland state in the Union, and we have
sufficient water power to turn every wheel of industry and
66 MESSAGES AND PROCLAMATIONS OF
commerce in the State. And, yet, but few, if any, boats
are to be found upon our rivers, and a very inconsiderable
portion of our water power has been developed for industrial
purposes. During the last ten years the increase in popula-
tion of Missouri amounted to only 186,670, all of which was
in Kansas City and St. Louis. The increase in population
for the entire State was but 6 per cent; Missouri being one
of the ten states of the Union that showed an increase of
population during the last ten years less than 10 per cent.
According to the census of 1870, Missouri was the fifth state
in population and in wealth; but according to the census of
1910 Missouri is now seventh in population, and probably
seventh in wealth. The tide of immigration has, from
various causes, passed across Missouri to the west and south-
west to less favorable opportunities and less favorable con-
ditions of life than can be found here. It should be the
first duty of the representatives of the people in the State
government to do what can be done to correct this condition.
BOARD OF IMMIGRATION
The last General Assembly passed a law providing for
a State Board of Immigration, and undertook to make an
appropriation of $25,000 for its support. Under a ruling
of the State Auditor and the Attorney General, this ap-
propriation had not been available for use, but the people
of Kansas City, St. Louis and Springfield have advanced
the amount of this appropriation for the work of the Board.
While the work has been necessarily experimental, to a con-
siderable extent, the results, as shown by its report, are
gratifying and encouraging. I feel that the making of an
appropriation for reimbursing the progressive citizens of
the State who have advanced the money necessary for the
carrying on of the work of this Commission is a matter of
good faith and that the continuance of this Commission,
as well as liberal appropriations for its support, is not only
advisable, but earnestly desired by a large majority of the
people of Missouri.
GOVERNOR HERBERT SPENCER HADLEY 67
WATERWAY COMMISSION
The last General Assembly also established a Waterway
Commission with a nominal appropriation of $5,000 for its
support. While of necessity the work of this Commission,
with its limited appropriation, was largely educational, the
report which it has submitted, and which I will in turn sub-
mit for the consideration of the Legislature shows that very
gratifying results have been accomplished along this line.
FORESTRY COMMISSION
I have appointed a Forestry Commission to consider
the proper conservation and use of our 17,500,000 acres of
woodland, and the members of the Board, who have served
voluntarily without pay, have done much to arouse a health-
ful interest in this important subject. I feel that the proper
conservation and development of our great natural
resources, as well as the securing of new capital and of new
homeseekers to aid in the cultivation of our uncultivated
soil and the development of our undeveloped resources,
should command the earnest consideration of the members
of the legislative department.
GOOD ROADS
Connected with the question of State development is
the question of the building of good roads. The question
of transportation over the public highways is a question of
equal importance, at least, to the transportation by the
common carriers of the State. We are not lacking in road
laws or provisions by which the several political subdivisions
of the State may secure good roads. The difficulty has
been in the failure to take advantage of the opportunities
now offered by law. Every possible encouragement should,
however, be given by legislation to the construction of
public highways suitable for the purpose of transportation
the year round, as this is one of the most economical in-
68 MESSAGES AND PROCLAMATIONS OF
vestments that the people can make. And in so far as such
a result can be effectively accomplished by legislation, the
creation of adequate public revenue for the construction
and maintenance of good roads should not be made optional
with the local authorities, but mandatory by the provisions
of our laws.
PUBLIC HEALTH
A question of greater importance, in my judgment,
however, than the conservation of our natural resources is
the conservation of human life and health and safety. A
marked advance was made by the last Legislature in safe-
guarding the public health of the State by the establishment
of a Bureau of Vital Statistics. Under the statistics now
available, it is estimated that 10,000 people die in the State
of Missouri each year from tuberculosis and 50,000 are
totally or partially impaired in their efficiency by reason
of this disease, which is one of the most curable of all the
ills to which the flesh is heir. The State has recognized
the importance of dealing with this problem by the establish-
ment of a State Sanitarium for the treatment of incipient
tuberculosis. But this is but a part of the work that it
ought to do. In each of the State eleemosynary, penal
and reformatory institutions those afflicted with tuberculosis
are confined with those who are not. This often results in
the well becoming sick and the sick continuing uncured, or
becoming sicker by reason of their confinement. At two
of the State Hospitals for the Insane, buildings have been
constructed or are in process of construction for the care
of tubercular patients, and such buildings should be provided
for all state eleemosynary, penal and reformatory institu-
tions. This would result in the safeguarding of the health
of those not so afflicted; in the adoption of proper methods
for the treatment and cure of those so afflicted, and would
prevent State institutions from becoming, as they are now,
breeding sources from which the disease is spread throughout
the State.
GOVERNOR HERBERT SPENCER HADLEY 69
TUBERCULOSIS COMMISSION
Recognizing the importance of this question, I have
appointed a commission, composed of some of the leading
men and women of the State, to investigate this question.
The money necessary for the expenses of the commission
has been advanced by public spirited citizens, and the report
of the commission will, with proper recommendations, be
submitted to you during this session.
EMPLOYERS' LIABILITY AND WORKMEN'S COMPENSATION LAWS
The prevention of the deaths and injuries incident
to the conduct of modern induistry is one of the large prob-
lems now demanding the attention of the people of the
entire country. To a considerable extent, at least, the
alarmingly large number of deaths and injuries in industrial
pursuits can be attributed to our archaic and ineffective
system for the compensation of those injured in industrial
occupations. The United States is the only civilized nation
in the world that gives to the man injured in the course of
his employment no action for damages and no compensation
therefor, unless it can be shown that he was injured through
the fault of his employer. Changes in the law of employers'
liability and workmen's compensation laws have been
adopted by the national government and some of the lead-
ing states, and a larger number of states have commissions
investigating this subject. The great economic loss by
reason of these deaths and injuries, as well as the distress
and suffering incident thereto, make the question one of
paramount importance.
In order that Missouri might not lag behind other
states in the consideration of this subject, I have asked a
number of those interested in this question, by reason of
their official positions, or through membership in organiza-
tions which have given it consideration, to investigate the
subject and report their recommendations to this General
Assembly. There is some question as to how far we can go
70 MESSAGES AND PROCLAMATIONS OF
under our constitutional limitations in the enactment of a
law providing for compulsory compensation for workmen
injured in industrial pursuits. It is clear, however, that
there is no constitutional inhibition against abolishing
the defense of assumption of risk and the negligence of
fellow servants, two archaic defenses established under
conditions that no longer obtain in industrial occupations,
and which contribute more often to unjust than to just
results in litigation for compensation for personal injuries.
If it is the opinion of the members of this General
Assembly that there is not sufficient time to give to the
different phases of this subject the consideration and in-
vestigation necessary for such an important change in our
system of litigation and in the conduct of our industrial and
commercial occupations, I earnestly recommend that you
provide for a commission which shall further investigate
this subject and make its report to the next General Assem-
bly.
JUDICIAL PROCEDURE
In connection with the suggested modifications in the
law fixing the liability of the employer, there is the ques-
tion of the simplification of our judicial procedure by adopt-
ing such changes as will bring about a speedier administra-
tion of justice and fewer reversals on account of technicalities
not affecting the merits of the litigation. While it is true
that any system of judicial procedure can be abused by
those who administer it and that an efficient and vigorous
performance of judicial duties can do much, even under our
present system, to correct existing abuses and defects, yet it
is also true that further legislation can, with profit, be
enacted. If the Legislature would pass a law providing
that no judgment in a civil or criminal case should be re-
versed unless the court could affirmatively say, after an
examination of the entire record, that the judgment was
for the wrong party and that but for the errors complained
of a different judgment would have been rendered, our
GOVERNOR HERBERT SPENCER HADLEY 71
appellate courts would then have no excuse or justification
for the reversal of judgments upon technicalities not affect-
ing the merits of the litigation.
INCREASING JURISDICTION OF COURTS OF APPEALS
The present congested condition of the Supreme Court
docket, which results in a delay of three years in the decision
of cases appealed to that court, is a direct denial of the
mandate of the Constitution that "justice shall neither be
delayed nor denied."
The correction of this condition must rest, to a large
extent, with the Judges themselves, but something can be
done by the Legislature towards this end. If the Legislature
would increase the jurisdiction of three Courts of Appeals
from $7,500 to $10,000, it would bring about a substantial
decrease in the number of cases appealed to the Supreme
Court and a corresponding increase in the number of cases
within the jurisdiction of the Courts of Appeals, with some
correction, at least, of the delay in the decision of cases on
appeal.
SUPREME COURT COMMISSION
In view of the recent decision of the Supreme Court
holding unconstitutional the statute providing for the trans-
fer of cases from one Court of Appeals to another, this
Legislature should investigate as to w r hether under the pro-
visions of the Constitution it would not be possible to pass
a valid law for the accomplishment of this result. And
even with the enactment of a law directed against the
reversal of cases on account of technicalities not affecting
the merits of the litigation and a law increasing the juris-
diction of the Courts of Appeals from $7,500 to $10,000, it
may still be found necessary to adopt other measures to
relieve the present congested condition of the docket of
the Supreme Court. The delay now incident to appeals to
that Court is intolerable and should not be permitted to
longer continue. If no other method can be devised, it
72 MESSAGES AND PROCLAMATIONS OF
would, in my judgment, be advisable to provide for a com-
mission, for a limited period, to aid the Supreme Court
in the decision of cases pending in that tribunal.
ELECTIONS
The conduct of elections is a subject of constant and
important concern to all the people of the State. For upon
the honesty and the fairness with which our elections are
conducted depends our form of government itself. If fraud
or dishonesty controls the result of elections, we do not
enjoy a republican, or a representative, form of government,
for the people no longer rule in the election of their public
officials. The conduct of elections in the large cities is
particularly a subject of public concern, for in St. Louis and
Kansas City the elections are conducted by a Board of
Election Commissioners appointed by the Governor, and
in Kansas City, St. Joseph and St. Louis the honesty and
the fairness of the elections depend, to a considerable extent,
upon the work of the Police Departments, which are under
the authority of a Board of Police Commissioners, also
appointed by the Governor.
During the course of the last two years four local
elections have been held in Kansas City, one in St. Louis
and one in St. Joseph, and in none of these elections was
there a charge or suggestion that a single dishonest vote
had been cast, or a single vote dishonestly counted.
A charge of fraud, as well as irregularities in the conduct
of the last general election in St. Louis has been made by
Democratic candidates, but this charge remains to be proven
and no evidence has as yet been made public to support it.
But whether true or false, too much care cannot be ex-
ercised to see that our elections are legally and honestly
conducted. Two years ago an election law embodying the
suggestions made by the Boards of Election Commissioners
in Kansas City and St. Louis was passed by the House,
but failed to receive the approval of the Senate.
GOVERNOR HERBERT SPENCER HADLEY 73
I recommend to your favorable consideration such
changes in our election laws as will provide bi-partisan
election boards in Kansas City and St. Louis, and I believe
our election laws should also be changed so as to give to
judges of election the right to require every voter whose
vote may be challenged to write his name for comparison
with his name upon the registration list.
Other recommendations of changes in the election laws
of these two cities are contained in the reports of the Boards
of Election Commissioners of those cities, which will be
submitted to you during the session of the Legislature, and
to which I invite your earnest consideration.
PRIMARY ELECTION LA\Y
In 1907 the 44th General Assembly enacted a general
primary election law and a senatorial primary election law.
Both of these statutes have now been tested by experience
in two elections, and the results have been neither entirely
satisfactory nor corrective of the evils and abuses incident
to the old convention system that they were intended to
correct.
While it is unquestionably the desire of the people to
have a larger participation and influence in political affairs
and in the nomination of candidates for office than was
oftentimes the case under the old system of nominating
conventions, yet it is evident that a system of nominations
by primary elections which places too much of a burden
upon the people results in the defeat of the objects intended
to be accomplished and makes possible evils and abuses as
objectionable as those incident to the old system. I be-
lieve that while the general principle of nominations by
direct primaries should be retained changes should be made
in both of these laws which would tend to remove the objec-
tions that now exist concerning them. It would, in my
opinion, be advisable to make one of two suggested modifica-
tions: Either require that only the more important offices,
such as governor and congressman, should be nominated
74 MESSAGES AND PROCLAMATIONS OF
by direct primary and have the balance of the ticket nom-
inated by a convention; or, have the provisions of the prim-
ary law apply only in case 10 per cent of the legally qualified
voters of any political party should petition the governing
committee of that party, either in the State or in any
political subdivision thereof, to have the nominations made
by a primary election. There were good features of the
old convention system that might with profit be retained,
and if neither of these changes are made in the present elec-
tion law, it might be advisable to adopt the plan which
has been adopted with success in other states of providing
for a preliminary nominating convention at which the plat-
form of the party would be adopted and the names of all
candidates receiving ten per cent of the votes of the con-
vention should be placed upon the ticket in the order in
which they received votes, with provision for placing other
names upon the ticket by petition.
I am still of the opinion that I expressed to the General
Assembly two years ago that the senatorial primary elec-
tion law is unconstitutional, and I am clearly of the opinion
that its effect is to prevent independence in voting and to
secure political advantage for that party in which the contest
for the nomination for senator attracts the most attention
from the people. I believe that the nominations of can-
didates for United States Senator should be made at the
general primary or that what is known as the Oregon system
should be substituted instead of the present law.
CONCLUSION
Following each decennial census, the Constitution im-
poses upon the General Assembly the duty of dividing the
State into State Senatorial districts, and the Federal Statutes
provide for the dividing of the State into Congressional dis-
tricts upon the basis of the apportionment fixed by Congress.
As the proper consideration and discussion of the various
places of these important questions would unduly extend
GOVERNOR HERBERT SPENCER HADLEY 75
the length of this message, I will, in a subsequent com-
munication, submit what I have to offer for your consider-
ation.
All of the questions that I have discussed in this
message, with the possible exception of the question of
"home rule," are entirely non-political in their character,
and I trust that they may be considered and dealt with
by you in such a way as to increase the confidence of the
people in representative government and show that Mis-
souri is in accord with the advanced and progressive thought
of the country in the working out of these problems of
government.
Respectfully submitted,
HERBERT S. HADLEY,
Governor.
76 MESSAGES AND PROCLAMATIONS OF
SECOND BIENNIAL MESSAGE
JANUARY 8. 1913
From the Appendix to the Journals of the General Assembly, 1913
STATE OF MISSOURI, EXECUTIVE DEPARTMENT, CITY OP JEFFERSON,
JANUARY 8, 1913.
To the Senate and House of Representatives of the 47th General
Assembly:
The provision of the Constitution that requires the
Governor, "at the close of his term of office, to give informa-
tion by message of the condition of the State, and recom-
mend suCh measures as he shall deem expedient," was
intended to give to the General Assembly the conclusions
and opinions of a retiring Governor based upon his experi-
ence in dealing with the affairs of the State for four years.
To comply with this provision of the Constitution and
give to the people of Missouri, through their representatives
in the General Assembly, information as to "the condition
of the State" is a source of pleasure and satisfaction.
I feel that I can with entire fairness congratulate the
people of Missouri upon the condition of their public service,
and also upon the absence of any substantial differences of
opinion between the various political parties upon public
questions which have heretofore been the subject of active
political controversy and division.
The various State educational, eleemosynary, penal and
reformatory institutions have been well conducted; sub-
stantial additions and new buildings have, in many cases,
been constructed; a marked improvement in the physical
condition of all has been effected; modern and more scien-
tific methods of management have, in many instances, been
established; and the money appropriated by the State for
the maintenance of these institutions has been honestly
and wisely expended. The different State departments
have been conducted with efficiency, and, I believe, have
GOVERNOR HERBERT SPENCER HADLEY 77
fully justified the wisdom of the legislation establishing
them. I have had a careful a\idit made of the accounts of
every State institution and of every executive department,
in addition to the audit of the auditing and visiting com-
mittees, and in no instance has it been discovered that any
of the State's money has been improperly used.
A number of bills dealing with such important ques-
tions as: Public Service Corporation Commission, home
rule for the large cities of the State, commission form of
government, the establishment of a Board of Pardons and
Paroles, simplification of court procedure, reform of the
revenue laws, establishment of a State reformatory, an in-
dustrial school for negro girls, apd the support of a State
Immigration Commission, were considered by the Forty-fifth
and Forty-sixth Genera) Assemblies, but, by reason of differ-
ences of opinion as to their advisability, failed to become laws.
Now the prospect of the enactment into laws of all of these
measures is a most favorable one, in that the three leading
political parties of the State have all declared in their
State platforms in favor of practically all of these measures.
To these subjects I will refer particularly during the course
of this message.
STATE FINANCES
A matter of first concern in the conduct of public
affairs is the condition of the State's finances. When I took
the o'arth of office as Governor on the llth of January, 1909,
a serious, if not an alarming, financial situation confronted
the people of this State. During the biennial period that
closed on the first of January, 1909, the appropriations
amounted to $10,441,625.88, while the revenues available
for that period amounted to only $8,191,254.07. This left
appropriations to the amount of $2,230,371.81 that were
outstanding and unpaid. After a careful investigation of
all of these excesses of appropriation the 45th General As-
sembly found it necessary to reappropriate approximately
$1,000,000 of the appropriations made and unpaid during
78 MESSAGES AND PROCLAMATIONS OF
the preceding biennial period, making the appropriations
for the biennial period ending January 1, 1911, $10,231,-
930.15.
As it was estimated that the revenues available for the
payment of these appropriations would not amount to
exceed $8,700,000, it became necessary for additional funds
to be provided, or else the State would be confronted with a
condition of insolvency.
I urged upon the 45th General Assembly the enactment
of a number of revenue measures, only one of which received
its approval, namely, a bill changing the system of inspection
of petroleum by abolishing the various coal oil inspectors
throughout the State, creating the office of State Coal Oil
Inspector and increasing the fees for the inspection of the
refined products of petroleum. This resulted in the addi-
tion of approximately $200,000 each biennial period to the
State's finances.
I endeavored to induce the General Assembly to equal-
ize the saloon licenses, but as that measure failed, the same
result was, in effect, accomplished through the orders of
the excise commissioners in Kansas City and St. Louis,
whereby an additional $600,000 was added to the finances
of the State each biennial period.
In addition to these new sources of revenue, the condi-
tion of the State Treasury was relieved by a number of
unexpected reincorporation fees of large corporate interests
and by the $150,000 fine imposed in the Standard Oil
litigation. With this addition of approximately $1,000,000
of revenue each biennial period and the annual increase in
the assessed value of the real and personal property subject
to the general property tax, together with the practice of
economy in all the departments of the State and the State
institutions, all appropriations made during the last four
years that were necessary for the conduct of public affairs
have been met, and a surplus of $500,000.00 is now to be
found in the State Treasury.
GOVERNOR HERBERT SPENCER HADLEY 79
While this situation is, of course, satisfactory, the real
question of importance, to which I shall subsequently refer
in this message, is as to whether the State government has
performed its entire duty to the people of this State in
making needed appropriations for all necessary public
purposes. While the practice of economy in the conduct of
public affairs is a policy which is absolutely necessary, yet,
upon the other hand, the concern of those in charge of public
affairs should be not to see how little money can be spent,
but what expenditures are necessary in order to make the
State government mean as much as possible to the people.
The danger of a deficit in the State's finances has made it
necessary that the appropriations for the conduct of the
educational, eleemosynary, penal and reformatory institu-
tions of the State should be kept at as low a figure as possible
consistent with the conduct and maintenance of the institu-
tions at all. This lack of proper financial support has pre-
vented many needed reforms and improvements in these
institutions. Under these circumstances, it is a source of
surprise, as well as congratulation, that they have been
conducted as well as they have, and that as many substantial
improvements and additions to their equipment have been
made.
MANAGEMENT OF STATE INSTITUTIONS
In a number of the State Hospitals for the Insane,
industrial training departments have been added, together
with new equipment or apparatus for the treatment and
cure of the patients. The institution for the feeble-minded
and epileptic at Marshall, which was partly burned during
the administration of Governor Folk, has been rebuilt; a
separate building for patients afflicted with tuberculosis
has been constructed at State Hospital No. 1 at Fulton and
No. 3 at Nevada, and separate buildings have been pro-
vided for those thus afflicted both at St. Joseph and Farming-
ton. Other substantial improvements and additions, as
shown by the reports of the Boards of Managers of these
80 MESSAGES AND PROCLAMATIONS OF
institutions, have been made. Two new buildings have
been constructed at the State Sanatorium for Tuberculosis
at Mt. Vernon, and that institution is now well equipped for
carrying out the purposes for which it is established. While
many improvements and additions both in the way of build-
ings and equipment have been made, many more should be
made in each of these institutions. I believe, however, that
as much progress and improvement has been accomplished
in the physical condition and in the management of each of
these institutions as was possible with the means provided
or available. Too much praise cannot be given to the public-
spirited men who have given gratuitously of their time and
ability to the management of these institutions. The
time has come, however, in my judgment, when a different
system for the management and control of these institutions
should be adopted. I believe a central board of manage-
ment or control should be provided for for at least the four
State Hospitals for the Insane and the Colony for the
Feeble-minded and Epileptic. This would give not only
greater economy in the management of these institutions,
but it would also give to each the services of a board of
managers whose special business it would be to see that
they were conducted in the most modern, humane and
scientific method possible.
Bills making such a change in the management of the
State eleemosynary institutions have been introduced a
number of times in the Legislature and passed by the Senate
or House. But the opposition of local interests has in each
instance defeated them. At a conference of the Governors
of twenty-three states, which I attended, this question
was discussed. In a majority of the states represented,
central boards of control had been provided for, and the
reports from these states were most encouraging as to the
results secured. Twenty-one of the twenty-three Governors
present favored the central board of control in the manage-
ment of institutions of the same general character, and I am
confident that the correct theory of government is recognized
and expressed in the concentration of responsibility which,
of course, means a concentration of power and authority.
The fact that good results have been secured under our
present system of management does not prove that better
results cannot be secured by a different system.
Even under the present imperfect system there has not
been nearly as much difficulty in keeping the state elee-
mosynary institutions up to a commendable standard
of efficiency as in the case of similar institutions in most
of the counties of the State. The recent investigation made
under the direction of the State Board of Charities and
Corrections, has disclosed a disgraceful condition in some of
the county jails and almshouses. For investigating the
condition of these institutions as well as for other efficient
services rendered, the State Board of Charities and Correc-
tions has earned its right not only to a more liberal support
than it has hitherto received, but also to a broader and more
complete authority in dealing with the matters placed under
its supervision and control, and particularly county jails
and almshouses.
In view of the special and experimental character of
the Tuberculosis Sanatorium, I would recommend that it be
maintained, for the present, at least, under a separate
board of management, with the idea of eventually placing
it under the control of the central Board of Control, should
such a board be established.
I favor a similar change with reference to the manage-
ment of the State's penal and reformatory institutions,
although all that has been said with reference to the im-
provement, changes and reforms in the management of the
State eleemosynary institutions can, with equal correctness,
be asserted with reference to the penal and reformatory
institutions of the State. But as it is my intention to deal
with these institutions in a separate message, in which I
comply with the provisions of the statute requiring that I
report the number of pardons, commutations and paroles
granted by me since the adjournment of the last session of
AJNL> f KUL,L,AMA liUINS Uf
the General Assembly, I will make no further reference to
this subject at this time.
DUTY OF THE STATE GOVERNMENT TO THE PEOPLE
I wish, however, to impress upon the members of the
General Assembly that the duty of the State government is
not discharged by caring for, in a humane and kindly way,
the deficients and the unfortunates of the State. The State's
duty is not discharged by providing a place where they can
be made physically comfortable, or even where modern
and scientific methods of cure or reform can be practiced.
It is as much the duty of the State to endeavor to correct
the conditions that produce the deficients, the unfortunates
and the dependents of society and also those who offend
against its laws, as it is to care for them after their incapacity
or deficiency is created. The profitableness of such a policy,
from a mere financial standpoint, is easily demonstrated,
while the obligation to pursue such a policy upon humani-
tarian and sociological considerations is also beyond question.
While it is, of course, not possible for the State to
provide any scheme of legislation by which the existence of
deficients, unfortunates and dependents can be avoided, nor
the tendency of men to violate laws corrected, yet the State
can do some things by legislation which will tend to prevent
the increase of those for whom society must care or against
whom it must protect itself.
Dependable statistics give us the alarming information
that the population of our jails, our penitentiaries, our
poorhouses and our hospitals for the insane is increasing
far more rapidly than the population of the country. The
cause of this condition should be a matter of careful study
and examination, and everything that can be done to correct
the conditions which produce such a result should be done.
Missouri enjoys the unenviable distinction of having the
largest penitentiary in the world. This is because we have
placed all of our prisoners in one institution, and have
failed in the manifest duty to provide a State reformatory.
GOVERNOR HERBERT SPENCER HADLEY 83
While we have provided an industrial school for white
girls, an industrial school for negro girls has not been
established. The last Legislature made an appropriation
for the purchase of a site for such an institution, and the
two leading political parties in the last campaign promised
in their platforms to favor an appropriation for the estab-
lishment of such an institution.
PREVENTION AND CURE OF TUBERCULOSIS
A single instance will emphasize the duty of the State
along the lines of prevention rather than of cure. In dealing
w r ith the question of the prevention and cure of tuberculosis,
the State's duty is by no means discharged by the establish-
ment of a State sanatorium for the treatment of a very small
number comparatively of those afflicted \\ith this dread
disease. Prior to the convening of the last General Assem-
bly, I appointed a commission to investigate the conditions
in the State due to tuberculosis, and to submit to me a
report showing the extent to which this disease existed, the
financial and social loss incident thereto, and what might
be done by the State to check its spread. This commis-
sion, composed of some of the leading men and women of
the State, of which Archbishop John J. Glennon was chair-
man, made a most comprehensive and exhaustive examina-
tion and report as to these conditions, which report was
submitted to the Forty-sixth General Assembly. It dis-
closed a most alarming situation due to the existence of
tuberculosis, in that between 4,500 and 5,000 people in this
State die from this disease every year; that 50,000 people
are, at all times, partially or totally incapacitated thereby
for any useful occupation, and that the annual financial
loss, due to this disease, was over $30,000,000. And yet
the State is expending less than $150,000 each year in its
efforts to prevent and cure this disease, which all medical
authorities agree is one of the most curable and preventable
diseases to which mankind is subject. Only one law was
passed by the last General Assembly in response to the
84 MESSAGES AND PROCLAMATIONS OF
recommendations of this commission, and that was a law
authorizing different counties in the State to form separate
districts for the establishment of local sanatoria for the
treatment of tuberculosis. One county, Buchanan, has
availed itself of the provisions of this act.
I recommend to this General Assembly that it adopt
the other recommendations made by that board, which
included:
Increased powers of State Board of Health; establish-
ment of State Tuberculosis Commission for carrying on a
campaign of education; authority to counties or groups of
counties to establish sanitariums; tubercular inmates of
State institutions to be segregated in hospitals in separate
buildings; tuberculosis hospital to be provided at the State
Penitentiary; more liberal appropriations for the State
Sanatorium at Mount Vernon, and system of housing,
heating and ventilation of State institutions and school-
houses to be provided for.
I suggest that, in view of the danger of tuberculosis
coming from milk of cows affected with tuberculosis, a law
be passed requiring all dairy cows in the State to be inspected
before the milk is allowed to be sold.
In addition, I feel that special instruction should be
given in all the public schools and higher educational
institutions of the State as to the approved methods for
the prevention and cure of this disease. The statement
is made by those who are best qualified to speak upon this
subject that if everything was done that could be done by
all the states of the Union to prevent the existence of tuber-
culosis, in the course of the next twenty years this disease,
with its frightful toll of lives and its almost inestimable loss,
could be entirely eradicated.
PUBLIC HEALTH AND WELFARE
The authority of the State Board of Health in dealing
with this and other conditions affecting the public health,
should be enlarged. Typhoid fever, like tuberculosis, is
GOVERNOR HERBERT SPENCER HADLEY 85
not only unnecessary, but a positive crime against civiliza-
tion. It can be communicated only from an impure source
of food or drink, and proper methods of inspection and sani-
tation practically prevent its existence. The authority of
the State Board of Health in dealing with local epidemics
and health conditions should also be enlarged, as too often
are the local authorities disposed to view such conditions
with leniency or indifference, to the injury of the people in
other counties and cities.
SOCIAL WELFARE
In addition to the efforts of the State along these lines,
much can be done towards bringing about fairer industrial
conditions, which, of necessity, affect the condition of society
as a whole. Scientific investigations, as well as humani-
tarian impulses, demand that the State's power should be
exercised to the fullest extent to prevent child labor and labor
of women under such conditions as will impair health and
individual efficiency and result in weakened bodies and
mind.
Reasonably satisfactory progress has been made in
legislation of this character in this State, but this should not
prevent the present General Assembly from enacting such
additional legislation along these lines as may have been
found advisable and helpful in other states in preserving
the capacity and efficiency of the race by preventing the
labor of women and children and men under conditions that
are injurious.
WORKMEN'S COMPENSATION LAW
Another law tending to the establishment of a larger
measure of social and industrial justice, concerning which
all political parties are now happily agreed, is a workmen's
compensation law. Prior to the convening of the last Gen-
eral Assembly, I appointed a commission to investigate
this subject, with which the people of this State were then
generally unfamiliar, and to report the result of their in-
86 MESSAGES AND PROCLAMATIONS OF
vestigation for the benefit of the last General Assembly.
The present Attorney-General-elect, Hon. John T. Barker,
chairman of that commission, was assisted by a number of
men prominent in official and industrial affairs of the State.
The report of that commission favored such legislation, but
stated that it had not had time to sufficiently investigate
the subject to make a specific recommendation as to a law.
At that time only five states had adopted such a law, al-
though for years it had been provided for in practically
every civilized nation in the world except ours.
I a$ked the last Legislature to provide a commission
to continue the investigation of this subject, but only the
Senate acted upon that recommendation, providing by
resolution for the appointment of a commission of five
'members of that body. As no funds were provided, there
was no prospect of the commission doing any of the pre-
liminary work necessary to a proper consideration of this
subject. I induced some of the public-spirited business
men of the State, who were interested in this subject, to
provide the means necessary for the payment of the expenses
of a commission. I asked the Speaker of the House of the
last General Assembly to appoint five members, and I
appointed five additional members, which made a commission
of fifteen, composed of the following: C. G. Brittingham,
George Manual, Charles S. Keith, F. C. Schwedtman,
John C. Barrows, James H. Hull, Thomas J. Roney, J. F.
Barbee, Roy Britton, McLain Jones, A. E. L. Gardner,
A. L. Oliver, Wallace Greene, B. L. White and Holmes
Hall, of which Senator A. L. Oliver was chairman and
Senator Wallace Greene secretary. This commission has
given this question careful consideration, and has agreed
upon a bill which will be recommended to this Legislature.
If Missouri is to keep pace with the other progressive com-
monwealths in dealing with this question, some measure
upon this subject should be enacted. The experience of
other states and other countries furnish a safe guide as to
the best law to be adopted here. I express the hope and
belief that the members of this General Assembly will
GOVERNOR HERBERT SPENCER HADLEY 87
agree upon some plan of workmen's compensation law which
will be applicable to the conditions in this State, and which
will result in certain, substantial and prompt compensation
for those injured in industrial occupations, with no increase
of charge upon employers or the general public over that
which has been borne under the present system of compensa-
tion upon a basis of actionable negligence.
Other laws calculated to secure a larger measure of
social and industrial justice, which will eventually result in a
decrease in the criminal and dependent classes for which
society must provide, could be suggested, but these laws
which I have already referred to offer a reasonably full
program for the work of one General Assembly.
WORK OF EDUCATION
Another matter which should be at all times the first
concern of a state government is the condition of its educa-
tional system. The people of Missouri have much to con-
gratulate themselves for in the conduct of their educational
affairs, but we have also great improvements to make. Our
State University, State Agricultural College and State
School of Mines and State Normals all rank deservedly
high compared with similar institutions of other states,
and it is a source of surprise that such good results have
been secured in these institutions with the small appropria-
tions which have been made for their support, compared
with the appropriations for similar institutions in other
states.
While one-third of the State's revenue is set aside for
the support of our public schools, yet there is a serious
question as to whether the results have been secured in
this department of education that should have been secured.
A wise measure for the distribution of the school moneys
was passed by the last General Assembly, and a number of
specific recommendations with reference to the work of
education have been made by the Department of Education,
to which I invite your careful consideration. Not only
88 MESSAGES AND PROCLAMATIONS OF
is the highest possible standard of efficiency of our educa-
tional institutions advisable from the standpoint of equip-
ping our people for performing the duties of citizenship,
but also for dealing effectively with these new social and
industrial problems which modern conditions are forcing
upon us.
REVENUE AND TAXATION
In order that the State may realize its opportunity and
respond to its duty in these and other regards, there must
be ample provision for public revenues by public taxation
to meet the demands for these new burdens and expenses
which the State should assume. There is no difference of
opinion on the part of those familiar with our present sys-
tem of taxation that it is unfairly and unequally enforced,
and, therefore, results in discrimination, injustice and often-
times in the penalization of industry. All the real estate
is, of course, assessed for the purpose of taxtion, but the
rate of assessment varies from 15 per cent of the actual
value in some of the counties to as high as 65 or 70 per cent
of the actual value in some of the cities of the State. Certain
classes of personal property returned for taxation, such as
moneys, notes and bonds, are assessed at 100 per cent of
their value; certain other classes of property, such as bank
stock, are assessed at 55 per cent, while personal property,
such as horses, mules and other live stock, are assessed at
about the same per cent of their value as real estate. The
inevitable and necessary result of such a condition of in-
equality in assessment is that those whose property consists
of moneys, notes and bonds feel that they are justified in
failing to return this class of property for assessment. The
result is that comparatively a small portion of the wealth
of the State invested in this class of property is returned for
the purpose of taxation. The total assessment of money,
notes and bonds in the State is $112,533,237.00, while the
money alone deposited in the banks and trust companies of
the State February 20, 1912, amounted to $451,586,620.00.
GOVERNOR HERBERT SPENCER HADLEY 89
The ineffectiveness of our present system of taxation makes
an almost unanswerable argument for its correction or
change.
I recommended to the previous General Assemblies
and endeavored to secure, as a member of the State Board of
Equalization, such enforcement of existing law and such
changes in existing laws as would result in the complete
return of all property for the purpose of assessment, and
the assessment of all property at the same per cent of its
value. I urged the bringing about of such a result in the
belief that if there was any substantial increase thereby,
as I felt there would be, in the assessed value of the real
and personal property of the State, there could be, and
should be, a reduction of the State tax rate by the Legisla-
ture and the tax rate for local purposes in the counties and
cities of the State.
These efforts were not attended with success, but I
hope, in view of the fact that the two leading political parties
are now agreed upon such changes in our revenue laws as
will result in a more equitable distribution of the burdens
of taxation, that this question can now be dealt with in an
intelligent, fair and effective way.
NEW SOURCES OF REVENUE
I have believed in and have advocated the policy of
securing an effective enforcement of our present revenue
laws before making any substantial changes therein, and
certainly before we change to an entirely different system.
I believe, however, it would be advisable to provide for a
recording tax for notes secured by deeds of trust or mort-
gages upon real estate in lieu of the general property tax
upon this class of property, the enfoccibility of the security
being made dependent upon its being recorded and the
recording tax paid. This class of property, as I have said,
now escapes taxation almost entirely, and under any system
it will escape taxation to a considerable extent. Such a
recording tax would unquestionably lower the interest rate
90 MESSAGES AND PROCLAMATIONS OF
in this State and produce a large increase of the State's
revenues from this class of property.
I have recommended to previous General Assemblies a
corporation franchise tax and general inheritance tax, with
liberal exemptions, so as not to place a burden upon property
inherited which is necessary for the support of the person
receiving it. Since my first recommendation was made in
favor of a corporation franchise tax, the United States
Government has availed itself of this source of taxation,
but something like twenty states have provided by law for
a corporation franchise tax, and, in my judgment, such a
tax is much more advisable for a state to avail itself of than
for the National Government, because it is the state which
gives the corporation its franchise of existence.
We now impose a tax upon collateral inheritances,
which goes not to the general revenue fund, but the State
University. In my opinion, the proceeds from this fund
should be turned into the general revenue fund, and in addi-
tion to this a general inheritance tax should be imposed \vith,
as I have stated, an exemption of at least ten thousand dol-
lars, and, if constitutional, the same should be made gradu-
ated rather than fixed.
I again recommend that there should be an equalization
of saloon licenses throughout the State by fixing the maxi-
mum now provided by statute, in order that the amount of
this tax should not be left to the whim or caprice of the
excise commissioners and county courts throughout the
State.
The Forty-sixth General Assembly gave its approval to
a joint resolution approving an amendment to the Constitu-
tion of the United States authorizing Congress to enact an
income tax law. I recommended this amendment to the
favorable consideration of the Forty-sixth General Assembly,
although in my opinion, a tax upon incomes should not be
levied by the National Government, except in war or other
national emergency, but should be imposed by the various
states. Some seventeen states have provided by law for a
GOVERNOR HERBERT SPENCER HADLEY 91
general income tax, with an exemption such as relieves from
taxation the incomes necessary for the support of every
person and his family. While varying results have attended
the attempt to enforce an income tax in the various states,
the recent experiment of the State of Wisconsin leaves no
room for doubt as to the effectiveness of such a tax in the
producing of revenue, and it is, in my judgment, as just and
fair a method of taxation as can be devised. I have no ques-
tion as to the right of the Legislature to impose an income
tax, with a liberal exemption of such income as is necessary
for support and maintenance, and graduated thereon in
proportion to the income received. Such a tax, would, in
effect, be a substitute for the general property tax, in that
the general property tax could be reduced proportionately
as revenue was raised from the tax upon incomes. It is
entirely probable that the amendment to the Constitution
authorizing Congress to impose an income tax will, during
this year, receive the approval of the necessary number of
states. But if a majority of the states should proceed to
avail themselves of this source of revenue, it is highly im-
probable that it will ever be imposed by the National
Government except in times of war. I, therefore, recom-
mend that a law for that purpose be enacted by this General
Assembly.
One of the most important reforms to be accomplished,
in my judgment, in the matter of taxation, w r ould be to
provide by law for a State Tax Commission, whose special
duty it would be to see that the revenue laws of the State,
whatever they may be, are enforced. The lack of successful
and efficient enforcement of our present taxation laws
emphasizes the necessity of such a commission. Those
states which have provided for a tax commission have
realized a far more equitable and effective enforcement of
the taxation laws than those which have not.
92 MESSAGES AND PROCLAMATIONS OF
BUILDING OF GOOD ROADS
In answer to the argument that may be suggested that
we should not seek to secure additional subjects of taxation
or additional revenue for State purposes, in view of the
present satisfactory condition of the State's finances, I wish
to call attention to the fact that there are, in addition to
the matters already mentioned, many other duties which
the State should perform and which it is either neglecting
or performing in an unsatisfactory way.
There is no work which is more important for the people
of this State to actively encourage than the work of building
good permanent roads. Only about 5 per cent of the
110,000 miles of public roads of the State have been made
dependable for use 365 days in the year. While more
progress has been made during the last two or three years
than in a long number of years in the building of roads in
this State, much more should be done than is done by the
State to aid in the carrying on of this work. During the
last two years over a million dollars has been provided for
by bond issues by townships and special road districts for
the building of good roads, being the first money, with one
exception, that has been raised in this way for this purpose
since 1844. A cross-State highway has been designated
by the State Board of Agriculture, which is the State High-
way Commission, with the advice of the State Highway
Engineer, Mr. Curtis Hill, and 120 miles of this highway
has now been made a permanent, dependable road, and the
balance has been graded so as to be available for travel from
the eastern to the western border of the State. About
$3,000,000 of public revenues, derived from local and State
taxation, is expended annually in the building and mainte-
nance of the public roads of this State, and unsatisfactory
and inadequate results come from the expenditure of this
immense amount of money. The general State road fund
derived from automobile licenses produces less than $100,000
each year, and the good roads' fund derived from the stamp
tax produces only $54,000 each year.
GOVERNOR HERBERT SPENCER HADLEY 93
I vetoed the appropriation made by the last General
Assembly of the money in the good roads fund to be dis-
tributed to the various counties of the State in accordance
with the school enumeration, in the belief that under the
general State road law this money would go into the general
State fund and be distributed to those counties which ex-
pended an equal amount to the amount received from the
State on building public roads. The Supreme Court, by a
majority of one, took a different view of the State law. 1
feel, however, that from the standpoint of policy alone, I was
justified in vetoing this appropriation. Experience has
shown that it is a mistaken policy for the State to distribute
money automatically and without proper safeguards as to
expenditure, to the counties or political subdivisions of the
State. I believe that the money derived from the stamp tax
and from the tax upon automobile licenses should all go into
one general State road fund, and to this fund should also be
given, in my opinion, the money derived from the inspec-
tion of the refined products of petroleum. This fund is
largely contributed to by those who own automobiles who
are naturally interested in the subject of good roads, and
then revenue for the carrying on of the State government
should be derived from general, and not special, sources of
taxation. From these three sources would be derived at
least one-half a million dollars each biennial period for the
State road fund, and this amount should, in my judgment,
be distributed to the counties, townships and special road
districts, no county to receive in excess of 5 per cent of the
entire fund, and the county or political subdivision to pro-
vide twice the amount received from the state treasury.
It should also be provided that any state aid to the local
subdivisions of the State should be expended in permanent
road improvements and under the direction of the State
Highway Engineer.
I personally favor the submission of an amendment to
the Constitution providing for a bond issue, in substantial
amount, payable in an extended period of years, for State
aid in the building of roads. I believe public sentiment
94 MESSAGES AND PROCLAMATIONS OF
would now justify the submission and approval of such an
amendment. Existing road laws should be carefully exam-
ined to see if minor amendments thereto cannot be adopted,
making the carrying on of the work of road building more
effective.
AGRICULTURE
The State has a further important public duty to per-
form towards the agricultural interests of the State in
enlarging and increasing education and instruction in the
proper use of our soil. While Missouri deservedly ranks
high in the production of agricultural wealth and live stock,
much more could be done than has been done along these
lines. The average yield per acre of wheat in this State
is only 15 bushels, while in practically all the counties of
Continental Europe it is double that amount. While we
produce a larger average yield per acre in corn than any
state in the Union, it has been conclusively shown by scien-
tific experiment that there could be an increase in our corn
yield of from 20 to 40 per cent. Scarcely one-half of the soil
of this State has been cultivated, and much of that which
has been cultivated has been worn out by improper methods
of cultivation, and must be rehabilitated if we are to con-
tinue to advance in the production of agricultural wealth.
The extension of agricultural education, instruction and
direction along scientific lines should be provided for.
FARM CREDITS
Another subject matter of legislation deserving of the
consideration of this General Assembly is the enactment of
a law providing for the organization of corporations for the
purpose of extending credit to those engaged in agricultural
pursuits. Such corporations in Germany and France have
done much to contribute to the agricultural advancement of
those countries by reducing the interest rate to farmers to
2 and 3 per cent; while in this country it is in excess of 8 per
cent. This question was recently a subject of consideration
GOVERNOR HERBERT SPENCER HADLEY 95
at the Conference of Governors of the various states, meet-
ing on the invitation of the President at the National
Capital for the discussion of this question. A committee
of Governors has been selected to frame a law upon this
subject, and it is one which is well deserving of the investiga-
tion and favorable consideration of the various states.
IMMIGRATION BOARD
The establishment of a State Board of Immigration
and the making of an appropriation therefor has been a
subject upon which there has been some difference of opinion.
But this is another instance in which, happily, differences
have ceased to exist, if the declaration of the various political
platforms can be accepted as a correct statement of the
attitude of the members of the different political parties.
During the ten years ending in 1910, Missouri suffered an
actual loss in her rural population, and this, notwithstanding
the fact that the undeveloped and unused agricultural,
industrial and mineral resources of the State are not ex-
celled by any state in the Union. An active and liberally
supported State Board of Immigration should be provided
for.
The support of the State Waterway Commission should
be continued, and the Forestry Commission, which has
existed without sanction of law, should be provided for to
look after the proper conservation of the seventeen millions
of acres of woodland in this State. The State Board of
Geology and Mines and the Bureau of Mines and Mining
Inspection, which have rendered useful public service in
the encouragement and proper conduct of mining enterprises
of the State, should be continued and liberally supported.
HOME RULE
Another agreeable absence of difference of opinion with
reference to legislation affecting political or public affairs
has also been secured. The question of home rule for the
yt) MESSAGES AND PROCLAMATIONS OF
large cities of the State has been for years an active subject
of discussion and political difference. Our present system
of State Boards for the management and control of the
police and excise affairs of the large cities came from the
passions and prejudices of the Civil War on account of the
peculiar political conditions then existing in Missouri.
This system has been continued, not because its advisability
has been demonstrated as a correct theory of government,
but because it seemed to be useful in matters political, and
for the further reason that it is difficult to abandon a power
once assumed. The demand for home rule first arose in this
State from abuses incident to the action of police and excise
officials in the large cities in using their offices for the
accomplishment of political results. During the last eight
years the demand for home rule, for these reasons, has
practically ceased to exist, and much of the sentiment for
home rule is now based upon the dissatisfaction with State
laws regulating excise affairs in the cities. The impression
seems to exist with some that if the selection of police and
excise officials in the large cities was transferred from the
governor to the mayor, there would be a lax or ineffective
enforcement of these laws. If this was the only reason upon
which the argument for home rule could be based, the present
policy should not be abandoned. Such, however, is not the
case. As a correct theory of government the people of the
large cities of the State should have the right to select their
own police and excise officials. The conduct of these depart-
ments of government concerns, in the first place, the people
of the large municipalities. Under the present system, any
abuse of authority by these officials can not be corrected by
the people who are most directly affected thereby. That
government is generally the best government which is closest
to the people, and it should always be within the power of
the people most concerned in the proper conduct of govern-
ment to correct abuses therein and to remove from office
those who may have been derelict in the performance of
their official duties. The selection of police and excise
officials in the large cities should be given to the people of
GOVERNOR HERBERT SPENCER HADLEY 97
the large cities of the State both as a right and as a duty.
But the people of the State also have a concern as to the
manner in which life and property are protected by police
officials in the large cities and as to the manner in which
the dramshops are compelled to obey the law. This, in
addition to being a matter of local concern, is also a matter
of State concern. And particularly, after maintaining the
existing system for half a century, a change now in the power
of appointment of these officials from the Governor of the
State to the mayors of the large cities should be accom-
panied by the power of removal upon the part of the gover-
nor of police and excise officials, who fail to perform the
duties with which they are specially charged.
In the hope that this question might be taken out of
politics, and dealt with upon its merits, I asked the civic
organizations of Kansas City, St. Louis and St. Joseph to
appoint a commission to investigate this subject and
recommend a law for the consideration of the last General
Assembly. This commission, composed of L. A. Laughlin,
R. B. Middlebrook and F. F. Rozelle, of Kansas City;
Edward C. Eliot and Jesse McDonald of St. Louis, and
Hugh C. Smith and W. K. James of St. Joseph, recommended
a law in the nature of an enabling act, authorizing the people
of the large cities, either by amendment to their charter,
or by ordinances, to provide for the appointment of police
and excise officials, by the mayor, with the provision that
it should be a feature of such enactment that the governor
and mayor should have the right to remove such officials
if they should fail to perform the duties with which they
were specially charged. I recommended that law to the
consideration of the last General Assembly and I now renew
that recommendation.
I vetoed a so-called home rule measure passed by the
last Legislature, which provided for bipartisan excise and
police boards in Kansas City and St. Louis, the members
of the board to be selected with no provision for their re-
moval by the Governor for failure to perform the duties
with which they were specially charged. It would be diffi-
98 MESSAGES AND PROCLAMATIONS OF
cult to suggest a much more vicious or indefensible system
or method than this of restoring home rule in police and
excise affairs to the people of the large cities of the State.
I sought the opinion of the special commission representing
the civic organizations of Kansas City, St. Louis and St.
Joseph upon this measure, and they all denounced it un-
qualifiedly as a vicious piece of legislation. I feel quite
confident that if home rule was restored to the people of
the large cities in this form that it would prove so unsatis-
factory that there would soon be a return to the present
system. I believe, therefore, that anyone who advocates
such a system or method of restoring home rule to the people
of the large cities of the State is intentionally, or uninten-
tionally, working against the principle of local self-gov-
ernment.
There is no more important problem of government
before the American people than the problem of the govern-
ment of the cities, and if this problem is ever to be satis-
factorily solved, the people of the large cities must provide
good government for themselves, rather than have it pro-
vided for them by some outside authority.
COMMISSION FORM OF GOVERNMENT
In this connection, it is important that the people
of the cities should have the advantage of the best and
most efficient machinery for the conduct of their municipal
affairs. The so-called federal plan of government which
has been generally followed throughout the country in the
government of municipalities is cumbersome, illogical and
inefficient. The conduct of municipal affairs is more a mat-
ter of business management than of anything else. The
experience of other states that have provided for the com-
mission form of government leaves no room for doubt as
to the advisability of an act giving authority to the cities
of this State to provide this form of government in place of
the present antiquated, inefficient system. I trust the bill
considered by the Forty-sixth General Assembly authorizing
GOVERNOR HERBERT SPENCER HADLEY 99
the cities of the second class to provide for the commission
form of government will receive the favorable consideration
of this General Assembly.
PUBLIC SERVICE CORPORATION COMMISSION
Another question concerning which there has been a
marked difference of opinion in the last two General Assem-
blies, and concerning the advisability of which all political
parties seem now to be agreed, is a Public Service Corpora-
tion Commission for the regulation of the rates and the
service of enterprises affected with a public use. Both the
right and the duty of the State to exercise its powers in these
regards has long since passed the period of discussion. The
only question is how this duty can be most effectively per-
formed. Upon this point also experience leaves no room for
difference of opinion that an appointive commission of men
specially qualified for this work is the best one. There is
no more reason why a commission to deal w r ith the question
of the regulation of the rates and the charges of public
service corporations should be elected than there is why a
State Board of Health or a State Board of Agriculture should
be elected, instead of appointed.
A bill providing for a Public Service Corporation Com-
mission, which was considered by the Forty-fifth and Forty-
sixth General Assemblies, represents the study and investiga-
tion of those who have given this question a great deal of
time and consideration, and I trust that this measure, or
some similar measure, may receive the approval of this
General Assembly.
ELECTION LAWS
It should be a source of congratulation to the people
of the State that during the last four years they have en-
joyed a conduct of election affairs which has given to every
citizen the right to cast one ballot and have that ballot
honestly counted as cast. The investigation of the election
in the city of St. Louis in 1910, concerning which a question
100 MESSAGES AND PROCLAMATIONS OF
was raised, fortunately demonstrated, as was evidenced
by the decision of the Supreme Court, that the election
there had been fairly and honestly conducted.
The last General Assembly passed a law providing for
bipartisan election boards in Kansas City and St. Louis, and
under this system the two leading political parties of the
State have had equal representation in the conduct of elec-
tion affairs in those cities. The experiment, up to the
present time, has been such as to encourage its continuance.
The experience of the State of Ohio, which has for a long
number of years had bipartisan election boards in the
large cities, has, I understand, been a satisfactory one.
Under the provisions of our law, the representatives of the
two political parties are selected from those recommended
by the State committees of the two leading political parties.
Waiving any question of the constitutionality of this enact-
ment, I followed its provisions and those whom I appointed
to represent the Democratic party upon the election boards
in the large cities were from those recommended by the
Democratic State Committee.
While in ordinary administrative boards I do not favor
the bipartisan system, in the conduct of election affairs, I
believe the principle is a correct one and that the present
law should be continued in force.
There is no justification, so far as I know, in principle,
why the appointment of the election commissioners in the
large cities should be taken from the Governor and given
to the mayors of those cities. The argument in favor of
home rule in police and excise affairs does not apply to
election affairs. A dishonest ballot cast or counted in St.
Louis or Kansas City in a general election is of just as much
concern and injury to the people of Cole county as is a ballot
dishonestly counted or cast in that county. It is a matter
of State concern that the honesty and integrity of the ballot
should be safeguarded, and I see no reason why there should
be a change in the appointive power of the election com-
missioners of large cities.
GOVERNOR HERBERT SPENCER HADLEY 101
I believe there should, however, be a change in our
election laws, in so far as the ballot is concerned. The
present ballot in this State tends to, and was doubtless
intended to, prevent independence in voting. It places
upon the voter who wishes to vote for any considerable
number of candidates other than those upon his own party
ballot such a burden as to have a marked tendency to pre-
vent such voter from carrying out his intentions and desires.
This leads to a lack of discrimination in the selection of
candidates for office and makes it possible for a bad or
unworthy candidate to succeed, if he is on the ticket of the
party that wins. In my judgment, it should be made as easy
for a voter to vote for a candidate upon one ticket as upon
another, and I recommend to the General Assembly the
enactment of a law providing for the Australian ballot, or
blanket ballot, upon which shall appear the names of all the
candidates, and that the voter should indicate his choice
of candidates by marking, opposite the name of each candi-
date he desires to vote for, a cross. The ultimate solution
of our election problem must, in my opinion, be found in
the adoption of the principle of the short ballot by the
reduction of the number of elective officers. There is not
much that can be done in this regard except by a constitu-
tional amendment, the adoption of which would be for the
best interest of the State.
SENATORIAL ELECTION LAWS
In this connection, I feel that there should also be
a change in what is known as the senatorial primary election
law. That law was also designed to prevent independence
in voting. It also results, in effect, in the election of a
candidate who may receive a comparatively small portion
of the votes cast. If there should be a number of candidates
for the nomination for United States Senator of the party
that controls the Legislature, the candidate who received
the nomination might receive less than 50,000 votes and
still, in effect, be elected to that important office. I recom-
102 MESSAGES AND PROCLAMATIONS OF
mend to this General Assembly the adoption of what is
known as the Oregon plan, in case it seems probable that the
amendment to the Constitution, providing for the direct
election of United States Senators, will not secure the
approval of the necessary number of states by 1914.
I assume that this proposed amendment to the Consti-
tution will receive the approval of this General Assembly,
as the principle of the direct election of United States
Senators is not only a correct one, but has been repeatedly
endorsed by all the political parties in this State. The
Oregon plan accomplishes, in effect, the direct election of
United States Senators. The candidates for that office,
of each party, would be nominated at the August primary.
The name of the successful candidate of each party would
be placed upon the ballot of their respective parties for the
November election, and the various candidates for the Legis-
lature would be asked to indicate whether they would or
would not agree to vote for that candidate for United States
Senator who received a majority or plurality of the votes
at the general election. Under the system now in vogue the
candidate is, in effect, elected United States Senator who
receives the plurality of the votes of the members of that
political party which controls the Legislature. Under the
proposed plan, that candidate for United States Senator
would be elected who received a majority or plurality of all
the votes cast at the election. Surely those who pretend
to favor genuine popular rule and believe in the principle of
democracy should not hesitate to favor the adoption of this
change in the election of United States Senators, even though
it is only a temporary one, pending the adoption of the pro-
posed amendment to the Federal Constitution.
FIRE INSURANCE
The last General Assembly enacted a law which made
a radical change in the attitude of the State towards the
question of fire insurance. The law was enacted upon the
theory that fire insurance was a business impressed with
GOVERNOR HERBERT SPENCER HADLEY 103
public use, and that fire insurance rates were, therefore,
subject to State regulation. The last General Assembly
was induced to pass this law upon the assurance of repre-
sentatives of the insurance companies that if the law was
enacted there would be a substantial reduction in rates.
Under the provisions of this act the insurance companies
filed a basis schedule of rates with the Insurance Depart-
ment, which the Superintendent of Insurance, Mr. Frank
Blake, declared unreasonable and unjust. Notwithstanding
this order, the companies recently endeavored to establish
specific rates, based upon these basis schedules, which had
been declared to be unreasonable, and to enforce the collec-
tion of these specific rates throughout the State. This
action seems to have been taken as a matter of agreement
and combination between the insurance companies, and the
motive which has prompted such action is made evident
by the fact that the specific schedules make a substantial
increase, instead of a decrease, in the fire insurance rates
of the State.
In theory, I believe the business of fire insurance is
impressed with a public use and subject to state regulation,
but the practical difficulty is that while the State may
have, and probably does have, the power to order a reduction
of rates, it has no way by which it can force the insurance
companies to write insurance at the reduced rate if the
insurance companies are unwilling to do so. As a practical
proposition, State regulation seems to be, at least under
the existing law, impossible for a further reason. The
companies claim to have no information or statistics showing
the reasonableness of the rates charged under the different
classifications. In the absence of such information, effective
State regulation seems impossible. If the policy adopted
by the last Legislature is to be continued, then I recommend
that there be provided a commission composed of three
members, of whom the Superintendent of Insurance shall
be one, to deal with this question, and that the right of the
insurance companies to avail themselves of the law be sus-
pended until such time as they are able to produce informa-
104 MSSEAGES AND PROCLAMATIONS OF
tion or statistics justifying the reasonableness of the rates
fixed under the different classifications. As an alternative,
and, in my judgment, under the circumstances, perhaps the
wiser policy, would be to repeal the act passed by the last
General Assembly and to re-establish the principle of compe-
tition by the strict enforcement of laws against combinations
and agreements in the fixing of fire insurance rates in this
State.
SIMPLIFICATION OF COURT PROCEDURE
I prepared and secured the introduction in both the
Forty-fifth and Forty-sixth General Assemblies of a bill
simplifying court procedure by prohibiting the reversal of
cases upon technicalities not controlling the merits of the
litigation. Strange as it may seem, this measure was de-
feated in both of those General Assemblies. Now I am
pleased to note that all the leading political parties are
agreed as to the correctness of this measure, and I hope that
some legislation of this character can be passed by this
General Assembly. I suggest to your favorable considera-
tion the plan recently adopted by an act of Congress which
confers upon the Supreme Court of the United States the
power to provide the rules of practice and procedure in
the Federal Courts. I favor the enactment of a law in
this State that will give to the Supreme Court, acting in
concert with certain designated number of Circuit Judges
and Judges of the Courts of Appeal, the power to prescribe
the rules of practice and procedure in all the courts of this
State. There is a growing demand for simplification of our
judicial procedure and an abandonment of the practice of
reversing judgments upon technicalities not controlling
the merits of the litigation. If the courts are to be held
responsible for the results secured therein in the adminis-
tration of justice, they ought to have the power to prescribe
the rules of practice and procedure under which justice is
administered. It is not fair to hold the members of the
Judicial Department of the Government responsibile for the
GOVERNOR HERBERT SPENCER HADLEY 105
results secured in the trial of cases under rules of practice
and procedure prescribed by the Legislative and Executive
Departments. I trust this subject may have the favorable
consideration of the members of the General Assembly.
BANKING DEPARTMENT
Among the various departments of government that are
entitled to special mention on account of the efficiency
with which they have been conducted is the Banking De-
partment, which for eight years has been under the able
supervision of Hon. John E. Swanger. During the last
four years not a single cent deposited in any of the State
banks or trust companies has been lost by the failure of such
bank or trust companies. I feel that the efficient supervision
that has thus been provided for the banks and trust com-
panies of the State could with profit be extended and the
jurisdiction of this department enlarged so as to include
corporations which are engaged in the business of selling
stock as promotion enterprises to the general public. In
this connection I feel that there should be a change in the
corporation laws of the State by which the right to form a
corporation is more carefully safeguarded. Before men
should be permitted to associate themselves together as a
corporation there should, in my judgment, be a preliminary
investigation, either by a commissioner appointed by the
Circuit Court or by some State official, to see that the assets
are of the value stated in the articles of association and
required by the law of the State. This department under
such a law would prevent the "fleecing" of the people by
the sale of worthless stock in promotion enterprises. Such
an authority is now possessed by the State Insurance
Commissioner over insurance companies, and during the
last four years such authority has been effectively exercised
in several instances. Similar laws in reference to other
corporations and commonly known as "blue sky laws"
have been found both useful and advisable in other states.
106 MESSAGES AND PROCLAMATIONS OF
UNIFORM LAWS
There has been a gratifying tendency in various states
towards uniformity in legislation, and the National Confer-
ence of Commissioners on Uniform State Laws has prepared
a number of uniform bills which have been enacted by the
various states. The Uniform Negotiable Instrument Act
and the Uniform Warehouse Receipts Act have been en-
acted in this State. The following laws have also been
prepared by this Conference, and will be introduced into
this General Assembly: Uniform Sales Act; Uniform Stock
Transfer Act; Uniform Bills of Lading Act; Uniform Laws
Relating to the Annulment of Marriage and Divorce, and a
Uniform Marriage and Marriage License Act. I trust that
all of these measures will receive your careful consideration.
STATE PARKS
At the last General Assembly a bill providing for the
purchase of what is known as Hahatonka Park failed of
passage by one vote in the House after it had passed the
Senate. I am familiar with the land that it was thus sought
to purchase, and I do not believe that there are to be found
a larger number of natural w r oaders and beauties in any
place east of the Rocky Mountains than are to be found in
this park. I have also come to know of other natural won-
ders and beauties throughout the State which, in my judg-
ment, the State should own and make State parks. I recom-
mend to the General Assembly not only the purchase of
Hahatonka Park, but also the appointment of a commission
to investigate other places in the State which would be suit-
able for State parks, with the idea that future General
Assemblies also make appropriations for their purchase.
\Vith the increase in population of the State these places
will become resorts whose natural beauties the people can
enjoy, together with the pleasure and benefits of out-of-
door life; and the wild-life of the State can there be pro-
tected and propagated. These parks will be of inestimable
GOVERNOR HERBERT SPENCER HADLEY 107
value and satisfaction to the people of this State, and will
also attract visitors from other states. In twenty-five years
the wisdom of such a policy will be far more apparent than,
perhaps, it is at the present time.
GAME DEPARTMENT
The Forty-fifth General Assembly wisely re-established
a department for the preservation and propagation of the
game and fish in the State, and made such changes in the
law as to furnish protection to the wild life of the State. I
appointed at the head of this department Mr. Jesse A.
Tolerton, who has not only effectively enforced the laws
for the protection of game, but has established and success-
fully conducted a State game farm for the propagation and
distribution throughout the State of English and Mongolian
pheasants and Hungarian partridges. While the addition
of these new species to the game of the State is still some-
what experimental, the reports indicate such substantial
increase in numbers as to justify a continuation of the
experiment. The department was somewhat crippled by
inadequate appropriations for its support by the last Legis-
lature. I recommend that this department be not only
generously supported, but that the laws for the protection
of game and fish be improved in any particular w r hich
experience may have shown to be necessary.
NEW CAPITOL
During the session of the last General Assembly the
State Capitol was struck by lightning, resulting in its
destruction by fire. Pursuant to a recommendation that I
submitted favoring the submission to a vote of the people
of a three and one-half million dollar bond issue for the
construction, purchase of additional land for a site and the
furnishing of a new capitol, such a resolution received
the approval of both Houses. A law was also passed
creating a bipartisan board, known as the State Capitol
Commission Board, to be appointed by the Commissioners
108 MESSAGES AND PROCLAMATIONS OF
of the Permanent Seat of Government, and charged with the
responsibility of constructing a State capitol. Under this
law E. W. Stephens, Theo. Lacaff, A. A. Speer and J. C. A.
Hiller were appointed. The resolution authorizing the bond
issue received the approval of the necessary majority of the
people, and, pursuant to the provisions of the act of the last
Legislature, the State Fund Commissioners have endeavored
to dispose of the three and one-half million dollars of bonds
thus authorized. Up to the present time only $285,000.00
of these bonds have been sold at par. While the Supreme
Court decided in a test case that the State Fund Commis-
sioners had the right to pay a commission for the sale of
these bonds, no contract satisfactory to the Commission
has been made. The Commission purchased a block and
a half of land, in addition to the present capitol grounds,
at a price entirely reasonable and fair, and the Commission
has, with great care and ability carried on the necessary
preliminary work for the selection of the plan for a new
capitol. Two juries of eminent architects assisted the
Commission in this work, resulting finally in the selection
of the plans drawn by Tracy and Swartwout, architects of
National reputation. It is the judgment of some of the lead-
ing architects of the country that the plans for the new
capitol, if carried out, will give to the people of this State
a capitol building surpassed by that of no state in the Union.
This fact, together with the further fact that the work of
this Commission has been conducted not only with good
ability but with an absolute freedom from the suggestion of
criticism, in so far as the fairness, honesty and disinterested-
ness of their work is concerned, gives to the people of the
State justification for the belief that we will secure a State
capitol honestly and economically constructed which will
be fully commensurate with the wealth and the size and the
importance of this great commonwealth.
The further prosecution of the work will be interfered
with unless the bonds can be sold, and as they cannot at the
interest rate of three and one-half per cent at par it will be
necessary for the Legislature to make an appropriation as a
GOVERNOR HERBERT SPENCER HADLEY 10
Commission for the sale of the bonds which will make thet
salable. Or what, in my opinion, is more advisable wouL
be to make these bonds exempt from taxation. There is
serious question whether this could be accomplished with
out an amendment to the Constitution. But I believe tha
it is entirely constitutional for the Legislature to provid
a very low rate of taxation for State bonds in the form c
recording fee to be paid by each purchaser. All that th
Constitution requires is that taxation shall be uniform upo
the same class of property. If such a law was enacted
believe that all of these bonds could be sold to citizens o
Missouri at par. And it would be advisable, from a busines
standpoint, as well as a source of State pride, to have th
money necessary for the construction of the State capitc
come from the citizens of this State.
INITIATIVE AND REFERENDUM
An amendment to the Constitution providing for th
initiative and referendum has now been a part of our organi
law for four years. In the elections of 1910 and 1912 amend
ments to the Constitution submitted by initiative petition
were voted upon. While neither was adopted, and while n
occasion has arisen to use the referendum, I believe that, 01
the whole, the effect of this amendment to our Constitutioj
has been beneficial. Some have urged that the requirement
for initiating laws or amendments to the Constitution shoul<
be made more difficult. I do not agree with this suggestion
and I recommend that the law stand unchanged.
REDISTRICTING MEASURE
One of the most important matters, from a publr
standpoint, that will come before this General Assembly
will be the division of the State into senatorial and con
gressional districts. This question is not only of political
but of public importance. While I realize that nothinj
I may say upon the subject will probably influence th<
] 10 MESSAGES AND PROCLAMATIONS OF
action of the members of this General Assembly, I want to
make a matter of public record some facts with reference
thereto which the members of this General Assembly cannot
and ought not to disregard, Following the last decennial
census, it was the duty of the last General Assembly to
divide the State into senatorial districts. This was not
done. It thereupon became, under the Constitution, the
duty of the Governor, the Attorney-General and the Secre-
tary of State to prepare a statement dividing the State into
senatorial districts. The Attorney-General and Secretary
of State prepared a statement, which I refused to sign, for the
reason that it did not, in my opinion, comply with the pro-
visions of the Constitution which require that the State
shall be divided into senatorial districts "contiguous and
compact," as nearly equal in population as may be, and that
this work shall not be done in such a way as to demonstrate
that it was for the accomplishment of political results. I
was sustained in my action by the decision of the Supreme
Court, and this question now comes again before the mem-
bers of this General Assembly. For years the State has
been divided into senatorial districts in such a way as to
result in the practical disfranchisement of one-half of the
voters in this State \vho did not vote the Democratic ticket.
The state, prior to the last election, has been very equally
divided for a number of years between the Republican and
Democratic party, and yet the Democratic party has had
twenty-two to twenty-four members of the State Senate
and the Republicans from ten to twelve. It took 16,000
Democratic votes to elect a State Senator and 30,000 Repub-
lican votes to accomplish the same result. Greater disparity
of representation exists with reference to members of Con-
gress. Three hundred and fifty thousand Republicans of
the State were represented in the National Congress by
two Congressmen and 350,000 Democrats by fourteen. If
an act was passed by this Legislature depriving one-half of
those citizens who do not vote the Democratic ticket of the
right to vote for Congressmen and State Senators, it would
GOVERNOR HERBERT SPENCER HADLEY 111
accomplish no more of injustice than does the present unfair
division of this State into senatorial and congressional
districts.
No policy can be more reprehensible or injurious to the
public affairs of a state than the use of official power for the
accomplishment of political results. It not only creates
bitterness and prejudice, which prevent a fair consideration
of public questions generally, but leads to a policy of re-
taliation and revenge when the power shall have passed,
as in time it will pass, from the hands of the party that
abuses it into the hands of the party that was made the
victim of such a policy of discrimination.
Missouri has made an enviable record in dealing with
certain political questions in recent years. The Forty-fifth
General Assembly, in a closely contested election of the
Lieutenant-Governor, decided, after a careful investigation,
that the present Lieutenant-Governor, Jacob F. Gmelich,
was elected, although his plurality was less than 100.
Again, the Forty-sixth General Assembly refused, notwith-
standing advice and insistence from influential political
sources to the contrary, to pass upon the contest over the
office of Railroad and Warehouse Commissioner, when it
had no legal authority to do so. If the same spirit of fair-
ness should direct the actions of this General Assembly,
there would be a division of this State into senatorial and
congressional districts which would be both an inspiration
and an example to the entire country.
POLICY TO BE PURSUED TOWARD CORPORATE INTERESTS
There is one recommendation of a general nature which
I wish, in closing, to submit for your consideration. Form-
erly one of the most important features of a session of a
State Legislature was the number of bills directed against
large business enterprises and particular railroad interests.
To combat legislation of this character, the railroads and
other public service corporations maintained a large number
112 MESSAGES AND PROCLAMATIONS OF
of lobbyists at Jefferson City with a result that was not
only injurious to the interests of the State, but in the end
resulted in much of unfairness and corruption upon both
sides.
During Governor Folk's administration an effort was
made to remedy this condition by the enactment of a law
requiring all representatives of corporations who attended
the session of the Legislature to register in a book provided
for that purpose. The principal change that this brought
about was that the names of the lobbyists who had been
generally well known became a matter of public record.
Prior to the session of the last Legislature, I took up with
Mr. Carl R. Gray, who was then the manging officer of the
Frisco Railroad in this State, now president of the Northern
Pacific Railroad, the question of a change in the policy of the
railroads in opposing legislation considered by them antago-
nistic and unfair. I suggested to him that if the railroads
would discontinue the policy of having lobbyists at Jefferson
City, and should only come here when there were bills to be
considered by a committee, and then have that representa-
tive of the railroads come who had special knowledge of the
matter affected by the bill, that they would, in my opinion,
be treated with more fairness and consideration by the
General Assembly. Through the efforts of Mr. Gray, this
policy was adopted by the railroad companies, and during
the last session of the Legislature we enjoyed the unusual
experience of having no railroad lobbyists in Jefferson City.
The result was that of the seventeen bills affecting railroad
interests enacted by the Legislature only three were objected
to as unfair. Two of these I vetoed and one received my
approval. I trust the policy pursued during the last session
of the Legislature will be followed during this session of the
Legislature, and I recommend to the members of the General
Assembly that they examine carefully and deal discrimi-
nately with all measures proposed for regulating the services
or the charges of businesses affected with a public use.
GOVERNOR HERBERT SPENCER HADLEY 113
If the promises in the various political platforms for
a Public Service Corporation Commission is recognized and
such a commission established, there will be much less
necessity for laws of this character than heretofore. We
should also remember that Missouri is still one of the most
undeveloped states in the Mississippi Valley, and we should
pursue a policy that will encourage business interests to
come here and aid in the work of developing the undeveloped
resources of the State, instead of pursuing a policy of antago-
nism which will tend to prevent them from doing so.
CONCLUSION
There is important work for you to do, and a big oppor-
tunity for you to serve the people of Missouri. You cannot,
by laws you enact, create wealth; you cannot equalize wealth,
or bring about an absolute equality of opportunity or
achievement. You can, however, do much to aid the people
of the State in the development and successful conduct
of their agricultural and industrial affairs. You can do
much towards preventing discrmination, overthrowing privi-
lege, correcting injustice and creating conditions which will
tend to produce an equality of opportunity and achievement.
What you can do you should do to bring about a larger
measure of social and industrial justice, and a physical well-
being and prosperity which must be the basis of substantial
progress towards a better condition of life, higher ideals,
and a higher standard of citizenship. I hope you will
realize your responsibilities and respond to them in the
spirit of the motto of the State, which declares that the
welfare of the people should be the supreme law.
In conclusion, I wish to express to the people of Mis-
souri, through you as their chosen representatives, my sin-
cere appreciation of the honor and distinction I have en-
joyed in the opportunity for public service that they have
conferred upon me, and for the loyal support I have received
from the people of the State in every good work I have tried
to accomplish. I wish for this General Assembly an agree-
114 MESSAGES AND PROCLAMATIONS OF
able and useful session, and for the newly elected State
officials an administration which will contribute to the suc-
cess of every undertaking that will make for the happiness,
the prosperity and the welfare of the people of Missouri.
Respectfully submitted,
HERBERT S. HADLEY,
Governor.
GOVERNOR HERBERT SPENCER HADLEY 115
VETO MESSAGES
TO THE SENATE
APRIL 30, 1909
From the Journal of the Senate, p. 1336
April 30, 1909.
To the Senate:
I have the honor to return herewith, without my ap-
proval, the following bill:
Senate bill No. 32, entitled "An Act to repeal sections
6761 and 6762 Revised Statutes of Missouri of 1899, and to
enact new sections in lieu thereof."
This bill is vetoed at the request of its author, Senator
F. M. McDavid, for the reason that in the engrossed bill
there is omitted a very essential provision which is found
in the bill as originally introduced, in the bill as printed and
in the bill as enrolled. That omission consists of the words
"and for all labor performed in such work." As this
omission raises a serious question as to the constitutionality
of the act, and as the same subject is now embraced in the
revised bill which can be enacted before the close of the
session, I deem it advisable, under the circumstances, that
this bill should not become a law.
Respectfully,
HERBERT S. HADLEY,
Governor,
116 MESSAGES AND PROCLAMATIONS OF
TO THE HOUSE OF REPRESENTATIVES
MAY 11, 1009
From the Journal of the House of Representatives, p. 1865
May 11, 1909.
To the House of Representatives:
I have the honor to return herewith, without my ap-
proval, the following bill:
House bill No. 3, entitled, "An act to amend section
9740 of chapter 154, of the Revised Statutes of the State of
Missouri, 1899, entitled 'Schools'."
This action is taken with the consent of the author of
the bill, for the reason that the provisions of this bill are
covered by a revision bill which has been drawn by the
Revision Commission. As it is important that there should
be no duplication in order to accomplish a satisfactory re-
vision of the Statutes, this bill is therefore returned without
my approval ;
Also, I have the honor to return herewith, with my
approval endorsed thereon, the following bills:
Committee Substitute for House Bill No. 10, entitled
An act to repeal section 1736, article 3 of chapter 14 of
the Revised Statutes of Missouri of 1899, as amended
by the session acts of 1905 at page 124, and to enact a new
section in lieu thereof to be known as section 1736.
Committee Substitute for House bill No. 131, entitled
An act to repeal article 4 of chapter 161, Revised
Statutes of Missouri, 1899, entitled "Bakeries," and to
enact a new article in lieu thereof, relating to prescribing the
hours of labor and sanitary conditions to be observed in
bakeries and confectionery establishments, and to provide
penalties for the violation thereof.
House bill No. 179, entitled
An act to remove the charge of desertion from the
record of William Estes, late private in Company C, Seventh
Regiment, enrolled Missouri Militia,
GOVERNOR HERBERT SPENCER HADLEY 117
House bill No. 557, entitled
An act to amend section 9 of an act entitled "An act to
create the office of license collector, provide for the elec-
tion of license collector, regulate his salary and the salaries
and compensation of deputy license collectors, clerks and
employes in said office and define the duties thereof in cities
now having or which hereafter may have three hundred
thousand inhabitants or more, and to provide for the pay-
ment of the salaries and expenses of said office of license
collector," approved March 26, 1901.
House bill No. 687, entitled
An act to appropriate money for the payment of
interest on the certificates of indebtedness issued and held
in trust for the state school and seminary funds during the
years 1909 and 1910, with an emergency clause.
House bill No. 690, entitled
An act to amend an act entitled "An act to regulate the
practice of medicine, surgery and midwifery, and to prohibit
treating the sick and afflicted without a license, and to pro-
vide penalties for the violation thereof," as found in session
acts of 1901, at page 207, and approved March 12, 1901.
House bill No. 890, entitled
An act to appropriate money for the cost of assessing
and collecting the revenue for the years 1909 and 1910,
including the contingent expenses of the State Board of
Equalization, with an emergency clause.
Respectfully,
HERBERT S. HADLEY,
Governor.
TO THE SENATE
MAY 15, 1909
From the Journal of the Senate, pp. 1902-1904
CITY OF JEFFERSON, May 15, 109.
To the Senate:
I have the honor to return herewith, without my ap-
proval, the following bill:
118 MESSAGES AND PROCLAMATIONS OF
Senate bill No. 236, entitled: "An act to amend article
7 of chapter 119 of the Revised Statutes of Missouri, 1899,
by adding a new section thereto relating to indemnity
contracts; and to be known as section 8041a."
If the effect of the veto of this bill would be to prevent
persons, firms and corporations doing business in this
State from entering into agreements to indemnify each other
from loss or damage by fire or casualty, I would sign it.
But as no such effect will result from its disapproval, I feel
that it is both unnecessary and inadvisable that it should be
permitted to become a law. For over fifteen years the
people of this State have engaged in various forms of inter-
insurance, not only in mutual companies, but also under
contracts with each other, and they have suffered no in-
convenience and been prevented in no way in adopting such
methods for protection by reason of any provisions or in-
adequacies in the laws of this State as they now stand.
There has been a persistent effort made by the promotors
of inter-insurance associations to make it appear that unless
this bill is passed all forms of mutual insurance and all con-
tracts and agreements between persons, firms or corpor-
ations for mutual indemnification would be absolutely
prohibited. These representations are entirely unwarranted.
I wish, therefore, to make it entirely clear that my
disapproval of this bill is not in any way due to the fact that
I do not believe in the advisability of persons providing
for their mutual protection either under the provisions of
our mutual insurance laws or by the terms of private con-
tracts. Such methods of insuring property or lives, if
honestly and fairly conducted, provide insurance for those
participating therein at a low cost, and free from many of
the burdens incident to insurance in stock companies. But
experience has demonstrated that such forms and methods
of insurance can be taken advantage of by those in charge
thereof to establish practices not beneficial to those par-
ticipating therein.
If the^only objection to this bill, however, was that it
was unnecessary, I would, on account of the apparent
GOVERNOR HERBERT SPENCER HADLEY 119
general demand for its passage, give to it my approval.
But in view of the fact that it emphatically prohibits the
executive officers of the State from instituting proceedings
for the correction of evils and abuses in this class and form
of insurance, it is, in my opinion, inadvisable that it should
become a law. This bill would also announce as the settled
policy of the State its intention to permit these forms of
insurance to be practiced without let or hindrance, free
from any supervision, restriction or control. If such a
policy was adopted, I am satisfied that many of those who
are now asking that this bill be permitted to become a law
would be loud in their insistence that the Legislature pass
a law subjecting such methods of insurance to the super-
vision and examination of the State.
The fact that inter-insurance associations as they exist
today have been generally fairly and honestly conducted,
is no argument as to why the State should tie its hands and
announce its intention to adopt for the future a policy of
permitting such methods of insurance to be conducted with-
out the restrictions and safeguards incident to State super-
vision and without the power to correct evils or abuses
that may arise therein. Laws preventing fraud, evil prac-
tices and invasions of the rights of others are not made
necessary by those men who are honest and fair in their
dealings with others. Laws are made to apply to the worst
conditions that may arise, and not to the best. If all men
were honest, there would be no necessity for the law against
larceny. If all men were fair, there would be no necessity
for laws against fraud. If those who, by reason of the
business in which they are engaged, having it in their
power to impose upon the rights of others never take advant-
age of their positions to violate a trust, there would be no
occasion or justification for the State to supervise or regulate
the affairs of any business which was impressed with a public
use. But experience has demonstrated that such necessity
does exist. Experience, particularly in the last few years
has abundantly demonstrated that insurance is a business
that it is necessary for the State to supervise, inspect and
120 MESSAGES AND PROCLAMATIONS OF
regulate in order to protect the people against wrong, oppres-
sion and injustice. If this bill should become a law, the
promoter of an inter-insurance association could carry on a
business substantially the same as that conducted by an
insurance corporation, have under his charge large amounts
of money, have in his care the protection of the rights and
the property of many people, and still be entirely exempt
from any of the restrictions or regulations to which ordinary
insurance companies are subjected. For this bill confers
upon the organizers of such associations the right to secure
contracts of insurance "on such terms, in such manner, in
such proportion and amounts and during such time as may
be agreed upon," and prohibits the State from subjecting
such forms of insurance to any supervision, regulation or
control. Thus, it is apparent that the promoter of such
associates composed of persons in different lines of business
scattered throughout the length and breadth of the land,
could carry on what would in fact amount to a regular old
line insurance business, free from those safeguards of super-
vision and inspection by the representatives of the public
which the people have for forty years thought necessary
in the insurance business. Such a condition does not appeal
to me as either fair or advisable. If it is necessary and
advisable that any form of the insurance business should be
subject to State supervision and control, in order to furnish
safeguards for the protection of the people, it is certainly
inadvisable that the State should preclude itself for the
present and announce its intention so to do in the future in
so far as those forms of insurance are concerned which exist
through contracts and agreements promoted and secured by
interested parties with persons widely scattered and engaged
in different business pursuits.
An effort has been made to create the impression that
unless this bill becomes a law, an injustice will be done to
the poor man and the ordinary citizen, in that he will be
prevented from availing himself of this form of insurance.
This assertion is not true. There is not a home in Mis-
souri that is protected by a contract of insurance in an inter-
GOVERNOR HERBERT SPENCER HADLEY 121
insurance association. Whether this bill does or does not
become a law affects in no way the farmers' mutuals, the
town mutuals and other mutual fire or life insurance com-
panies which are or which may hereafter be organized under
the laws of this State. Farmers' mutuals exist in eighty-
one counties of the State, and their business has been satis-
factorily conducted in a way that furnished insurance at
reasonable rates to those participating therein. But such
associations are limited to one county; the law requires their
charters to be filed with the officers of the State; their officers
serve without salary, and if the business is conducted in
violation of the laws of the State or in disregard of the rights
and interests of those participating therein, the State can
forfeit the charters of such companies. Inter-insurance
associations are subjected to none of these requirements or
restrictions. The participants therein are not acquainted
with each other; they live in many different states and coun-
tries; the business that each has with the other is transacted
by one man, an attorney in fact. And under the terms of
this bill the promoters of such associations could conduct
the business "on such terms, in such manner, in such pro-
portion and amounts and during such times" as he might
induce the participants therein to agree upon, and the State
would have no right to interfere to protect the interested
parties. This would, in my opinion, be a discrimination
in favor of such associations and against the farmers' mutuals
and against those participating in other mutual insurance
companies authorized by the laws of the State.
I am strengthened in my convictions upon this ques-
tion by the opinion of the last Superintendent of Insurance
and the present Superintendent of Insurance, Hon. John
Kennish, who has given this question a careful study and
investigation. And I am reliably informed that those who
have been clothed with the responsibility of similar posi-
tions in other states and charged with the duty of seeing
that the business of insurance is conducted in such a way as
not to impose upon the rights of the public, are with practical
unanimity agreed upon this proposition.
122 MESSAGES AND PROCLAMATIONS OF
For these and other reasons which might be offered
with perhaps equal force against this measure, I return the
same to you without my approval, and in doing so I beg to
advise you, and also the business interests of the State,
that during the next four years, at least, no effort will be
made by the Insurance Department to prevent or inter-
fere with any forms or methods of mutual or inter-insurance
so long as such business is honestly and fairly conducted
and under proper safeguards for the protection of those
participating therein. If, however, any persons promoting
and managing such associations or organizations for the
purpose of engaging in inter or mutual insurance should
adopt methods or practices which are not for the benefit of
the participants and which are likely to result in injustice,
proper efforts will be made to prevent and enforce the dis-
continuance of such enterprises.
Respectfully submitted,
HERBERT S. HADLEY,
Governor.
TO THE SENATE
MAY 15, 1C09
From the Journal of the Senate, p. 1904
May 15, KOP.
To the Senate:
I have the honor to return herewith, without my ap-
proval, the following bill:
Senate bill No. 692, entitled: "An act to repeal an
act entitled, 'An act to repeal article 2 of chapter 121 of the
Revised Statutes of Missouri of 1899, and to create a State
Board of Mediation and Arbitration for the settlement of
differences between employers and employes, and to define
the duties and powers of said Board."
GOVERNOR HERBERT SPENCER HADLEY 123
I take this action at the suggestion of the Revision
Commission for the reason that the subject embraced
herein is covered by another bill.
Respectfully,
HERBERT S. HADLEY,
Governor.
TO THE SENATE
MAY 15, 1909
From the Journal of the Senate, p. 1905
May 15, 1909.
To the Senate:
I have the honor to return herewith, without my ap-
proval, the following bill:
Senate bill No. 125, entitled "An act to protect benevo-
lent, humane, fraternal or charitable corporations in the
use of their names and emblems, and providing penalties
for the violation thereof."
This bill is designed for the purpose of preventing
benevolent, humane, fraternal or charitable organizations
from assuming the names or wearing emblems "in colorable
imitation" of those of similar organizations which have
previously adopted the same. I do not believe that this
is a necessary or useful law. I am not aware of the existence
of any abuses which it would correct. Under the laws as
they now stand, it would be the duty of the Secretary of
State or of a judge of circuit court to refuse to one corpor-
ation the right to use a name in "colorable imitation" of
one already adopted. And it would be w r ithin the jurisdic-
tion of a court of equity to restrain a benevolent, humane,
fraternal or charitable corporation from adopting a name or
emblem in such "colorable imitation" of other names or
emblems as would be calculated to mislead or deceive the
public.
In view of the existence of this right of procedure, I
fear that a law prescribing such stringent regulations as
124 MESSAGES AND PROCLAMATIONS OF
this one does would do more of harm than it would of good.
There have existed for a number of years fraternal organ-
izations among the negro race of the same names as some of
the leading fraternal and benevolent orders among the white
race. These organizations upon the part of the negroes are
not objected to, but, in fact, are encouraged, and should be
encouraged, as they often times accomplish a useful pur-
pose in impressing upon their members higher standards of
moral conduct and good citizenship.
As this law might be taken advantage of by meddle-
some or designing men to create vexations and unnecessary
controversies, I feel that it should be returned to you, for
the reasons herein stated, without my approval.
Respectfully,
HERBERT S. HADLEY,
Governor.
TO THE SENATE
MAY 17, 1909
From the Journal of the Senate, p. 1954
May 17, 1909.
To the Senate:
I have the honor to return herewith, without my ap-
proval, the following bill:
Senate bill No. 179, entitled: "An act to amend chapter
18 of the Revised Statutes of 1899 of this State, relating to
depositions by adding a new section thereto to be designated
as section 2907a."
The ability and experience of the author of this bill,
both as a legislator and a lawyer, would dispose me to give
to it my approval were it not for the fact that my own ex-
perience, as well as the experience of other lawyers with
whom I have had an opportunity to advise, convince me
that the passage of this law is neither necessary nor advis-
able.
GOVERNOR HERBERT SPENCER HADLEY 125
Under the laws of the State as they now are, I do not
believe that there has been any marked or general abuse
in the taking of depositions of the adverse parties in civil
suits. In cities of 50,000 inhabitants it is the right of
each party, upon the serving of a notice to take depositions,
to secure from the circuit court an order appointing a com-
missioner to take the depositions. This furnishes an
adequate prevention against any abuse of the right to
take depositions of an adverse party before a notary public
in the large cities, and in the country districts, I am satisfied
that the instances in which any effort might be made to
abuse the provisions of the present law would be so few
as to make the enactment into law of this 'bill unnecessary.
For these reasons I, therefore, return the same to you
without my approval.
Respectfully,
HERBERT S. HADLEY,
Governor.
TO THE SENATE
MAY 17, 1909
From the Journal of the Senate, pp. 1954-1955
May 17, 1909.
To the Senate:
I have the honor to return to you herewith, without
my approval, the following bill:
Senate bill No. 222, entitled: "An act authorizing sur-
render, re-issue and transfer of dramshop licenses in cities
of three hundred and fifty thousand inhabitants or over."
This bill makes it mandatory upon the excise com-
missioner of St. Louis to approve of a transfer of a dramshop
license upon the request of the holder thereof, upon the con-
dition that the transferee is "a fit, competent and legally
qualified person to have a dramshop license." It also
permits the holder of a dramshop license to have the same
re-issued to him for a different location upon a compliance
with the same conditions under which he secured his license
126 MESSAGES AND PROCLAMATIONS OF
in the first instance. Under the provisions of this law, it
would, in my opinion, be practically impossible for the
excise commissioner to revoke a dramshop license for any
cause. Upon a citation to show cause as to why a dramshop
license should not be revoked, it would be in the power of
the owner to transfer the same to some person "fit, com-
petent and legally qualified to have a dramshop license,"
and there would be no discretion upon the part of the excise
commissioner to refuse to approve of the transfer.
I am advised by Mr. Henry S. Caulfield, the excise
commissioner of the City of St. Louis, that the passage of
this law would have the practical effect of making inoperative
the power of revocation now conferred upon him by the
statutes, and, therefore, in effect, destroy the supervision
and regulation of dramshops in the City of St. Louis which
he now exercises.
This bill further seeks to constitute a license to conduct
a dramshop business a property right instead of what it
now is in fact under our law, a mere privilege. I think that
it is important that this distinction should be carefully
preserved. To conduct a dramshop is not a natural right
that the individual enjoys, but a privilege that the law
confers. And this privilege should at all times be kept sub-
ject to the power of regulation and supervision by the State.
I, therefore, consider this bill an inadvisable piece of
legislation, and return the same to you without my approval.
Respectfully,
HERBERT S. HADLEY,
Governor.
TO THE SENA TE
MARCH 10, 1911
From the Journal of the Senate, pp. 666-670
March 10, 1911.
To the Senate:
I have the honor to return herewith, without my ap-
proval, the following bill:
GOVERNOR HERBERT SPENCER HADLEY 127
Senate bill No. 288, entitled
"An act to provide for the election of a non-partisan
board of police commissioners in all cities in the state which
now have, or may hereafter have, seventy-five thousand
inhabitants or more, prescribing the manner of filling
vacancies, powers and duties of said board, and the qualifica-
tions and salaries of its members."
It is somewhat difficult to state within the proper limits
of a message of this character the many valid and sufficient
reasons why this bill should not become a law.
The purpose apparently sought to be accomplished by
this bill is to confer upon the people of all cities in the State
which now have, or which may hereafter have, a population
of 75,000, the selection of a board of police commissioners
by a method of election which, so far as I know is without
precedent, and I am confident, is without reason or argu-
ment -to justify its adoption. It provides that in each of
such cities there shall be a board of police commissioners
consisting of four members who shall have charge of the
management of the police departments. This board, be-
ginning upon the first of November, 1911, shall be chosen
by the "several political parties in any city to which this
act applies" nominating two candidates as members of this
board, and each voter shall vote for only two members of
such board. In this way no voter would have the right to
vote or to take part in the election of more than two members
of the board, and no political party, other than the Repub-
lican and Democratic party, would be able to nominate and
elect a member of this board. The bill provides that, after
the first election, at each biennial election two members
shall be nominated and elected in the same manner. The
necessary effect of such a law would be to put every police-
man in the three large cities of the State actively in politics.
And as the police department is the department of govern-
ment through which the laws of the State, and particularly
the laws regulating dramshops in the large cities are enforced,
this law would also of necessity put every dramshopkeeper in
politics. The policemen would naturally vote to secure the
128 MESSAGES AND PROCLAMATIONS OF
election of police commissioners who would be favorable to
their retention or advancement, and the saloon and liquor
in* crests would naturally favor the election of police com-
missioners who would not be too strict in the enforcement of
the laws regulating dramshops. And not only would this
law place these political elements of our large cities actively
in politics, but the evil results of this condition would be
increased by the fact that under this law the independent
voter would become a negligible factor. For if either party
should nominate unfit men for police commissioners, there
would be no opportunity for the people to defeat them.
And the nomination of unfit candidates by either the
Republican or the Democratic party would practically
destroy the efficiency of the board, as the other two mem-
bers would be incapable of taking any decisive action, be-
cause they would not constitute a majority of the board.
If the practical politicians, the saloons and the policemen
could not control the nominations for police commissioners
by both parties, which they probably could do, they could,
in a large majority of the elections, control the nomina-
tions of one party or the other, and in its practical result
this would impair the efficiency of the board for the proper
conduct of police affairs and the proper enforcement of the
law.
This measure is also completely opposed to the judg-
ment of the most experienced students of public affairs and
to the lessons taught by the experience in municipal govern-
ment of the last half century. It increases the number of
elective offices and prevents the fixing of responsibility for
the conduct of public affairs. Experience has demonstrated
the injurious results of these conditions, and this law, in-
stead of being a proper and a progressive movement toward
good government, is a step in the wrong direction, and would
unquestionably be injurious in actual practice.
While it is my judgment that there should be a change
in the present method of selecting police commissioners for
the large cities of the state, I feel confident that the method
provided for by this bill is manifestly wrong, and that the
GOVERNOR HERBERT SPENCER HADLEY 129
effect of its passage would be injurious to public morals and
decency, and to the best interests of the people of the three
large cities, as well as to the people of the entire State.
I feel that the criticism made by Governor Folk against
the so-called home rule bill which he vetoed in 1905, when
he said that that measure "would give anarchy to St. Louis
in the sheep's clothing of home rule," applies most appro-
priately to this measure.
An additional reason why this bill should not become a
law is that a proper measure providing for home rule for
the people of the large cities of the State in police affairs
is now pending before this General Assembly, which can be
enacted into law, in case there is a real and an honest
desire upon the part of a majority of the members of this
General Assembly to enact such a measure.
Following the failure of the 45th General Assembly to
agree upon home rule legislation, I called the attention of
the leading civic organizations of Kansas City, St. Louis
and St. Joseph to the importance of this question, and
asked that a committee be appointed to consider the advis-
ability of submitting, by initiative petitions, bills giving
to the people of the three large cities of the State a larger
measure of control in their police and excise affairs. Such a
committee was selected, but it was decided that on account
of the complications arising from the large number of
measures to be submitted to the vote of the people at the
last election, it would be inadvisable to submit such measures
at that time. This committee decided, however, to pre-
pare bills for the accomplishment of this desired result and
to recommend the same to this General Assembly. The
report of this committee, submitted through its chairman,
Mr. Louis A. Laughlin, of Kansas City, is as follows:
"St. Louis, Mo., December 27\ 1910.
Mr. L. A. Laughlin, Chairman Home Rule Conference,
Kansas City, Missouri:
Dear Sir Your committee, appointed at a conference
held last May in St. Louis to formulate Home Rule legisla-
130 MESSAGES AND PROCLAMATIONS OF
tion for the large cities of the State, begs leave to report
that it has discharged the duty imposed on it and transmits
to you herewith drafts of a police and excise bill.
These bills are in the nature of enabling acts empower-
ing the cities they affect to secure home rule in these matters
if their inhabitants so desire. The proposed acts, while
giving the cities home rule in all essential particulars, leave
a residuum of control in the State. We believe that public
sentiment in the large cities is not in favor of unrestricted
home rule in police and excise matters, and it is obvious
that the people of the State at large have some interest in
them.
Respectfully submitted,
EDWARD C. ELIOT,
JESSE MCDONALD,
F. F. ROZZELLE,
R. B. MlDDLEBROOK,
W. K. JAMES,
HUGH C. SMITH,
Committee."
The measures which this committee prepared, and which
are now pending in both the Senate and the House of this
General Assembly, are in the nature of enabling acts which
give to the people of the large cities the right to provide in
their charter and ordinances for the selection of a police
commissioner by the mayor, who would be charged with the
responsibility of directing the conduct of police affairs in
such city. This official would be subject to removal by the
mayor or by the Governor, without trial, for failure to
perform the duties imposed upon him by law. This ena-
bling act further provides that a feature of the provisions of
the city charter and ordinances relating to police affairs
must be that the tenure of office of the members of the
police department shall be protected by proper civil service
regulations.
This measure presents a clear and satisfactory proposi-
tion for home rule for the people of the three large cities.
GOVERNOR HERBERT SPENCER HADLEY 131
It gives to them, in the first instance, the right to say whether
they shall continue the present system or shall adopt the
system outlined in this enabling act. And if the people
of the cities desire a change in the present system, they
are left free to provide for the conduct of their police de-
partments and police affairs, subject only to the restric-
tion that the police commissioner must see to it that the laws
of the State are properly enforced, and that proper pro-
vision must be made for protecting by civil service regula-
tions the tenure of office of the members of the police de-
partments. If, under the provisions of this law, the people
of our large cities should decide to take over the control
of their own police and excise affairs, they would do so
under such proper safeguards as would give to the people
of the entire State the assurance that appointments and
promotions in the police department would be made upon
the basis of merit, and that local influences would not com-
bine to defeat the proper enforcement of State laws.
The merit of this plan is in itself an indication of the
ability and disinterestedness with which this question has
been dealt with by the committee representing the civic
organizations of Kansas City, St. Louis and St. Joseph.
These men owe their selection to public organizations which
have no other interest in this question than the best in-
terests of their respective communities and the proper
enforcement of the laws of the State. The members of
the committee are equally divided in politics, and are all
lawyers of unquestioned ability and citizens of high stand-
ing in their respective communities. They have engaged
in the work of preparing these bills as a matter of public
duty, with no hope of reward or compensation except the
best interests of their cities and the State. In order that it
might not be contended that while the measure they have
prepared might be acceptable, that the one embodied in
this bill would be preferable, I asked the members of this
committee to give me an expression of their opinion as to
the advisability of this so-called scheme of home rule pro-
132 MESSAGES AND PROCLAMATIONS OF
vided for by Senate bill No. 288. I communicate to you
herewith some extracts from their comments thereon:
Judge W. K. James of St. Joseph, who speaks from the
standpoint of actual experience as a member of the Board
of Police Commissioners of that city, said with reference to
this measure :
"I am convinced that the policy embodied in the
absolute home rule measures for these cities as lately pro-
posed in the Legislature is very unwise, and will prove
vicious if enacted into law and administered in these respec-
tive cities, and I think the advance for better municipal
government, especially in police matters, for the last several
years in Missouri ought not to be sacrificed now by retro-
gressive legislation or administration, and if my opinion
could in any way affect you as to the so-called home rule
measures so proposed and pending in the Legislature, it
would be that you should veto these measures if they, in
fact, pass both branches of the Legislature."
Mr. F. F. Rozzelle of Kansas City, who, in addition
to his experience as a member of the Board of Police Com-
missioners of Kansas City under two governors, has had
an extensive experience in municipal affairs as city counsellor,
and is an active student of municipal problems, writes:
"I am confident that this bill would not be an improve-
ment upon existing laws relating to the police or governing
elections in these cities.
"It is a serious question whether certain provisions
in this bill are in violation of the State Constitution, but
aside from questions of this kind, I believe the voters of
Kansas City and St. Louis should be permitted to deter-
mine whether or not they will have 'home rule,' and, with
proper provisions safeguarding the rights of the whole State,
these cities should by their charters provide for the appoint-
ment of the commissioners who are to have charge of the
police in such cities.
"The whole State is vitally interested in having a
proper and efficient police force and the conducting of fair
and honest elections in these cities, and for that reason the
GOVERNOR HERBERT SPENCER HADLEY 133
governor should have the power of removal in the event the
commissioners appointed should fail to faithfully discharge
their duties. As said by the Supreme Court in the early
case of State ex rel. vs. St. Louis County Court, 34 Mo.
546, 571, and approved in all later cases on the same sub-
ject: 'The police commissioners are an agency of the
State government, and are required to perform within a
specified locality some of the most important duties of the
government'."
Judge Robert B. Middlebrook, the other member of
this committee from Kansas City, who has also served as
city counselor and member of the Board of Police Commis-
sioners of that city, says:
"With reference to proposed home rule legislation for
the large cities, although several decades have elapsed
since the present system of State control was inaugurated,
yet the evils which it was designed to remedy must still be
reckoned with, and in order that these evils might not
again assert themselves to the detriment of the public
service, two safeguards were suggested in the bill recom-
mended to you: 1st, civil service the merit system;
2nd, power of removal in the governor, in order that sinister
local influences might not emasculate this law. My ex-
perience as police commissioner convinces me that petty
local wire pulling can only be prevented by genuine civil
service, and that genuine civil service would be far more
likely to be enforced with power of removal in the governor.
It follows that home rule bills not containing the two es-
sentials herein noted would fail to prevent the recurrence of
those evils which the present State law was designed to
suppress."
Mr. E. C. Eliot, one of the leading lawyers of St.
Louis, representing the civic organizations of that city as a
member of this committee, writes with reference to this bill :
"This bill seems to me objectionable as a measure for
police regulation, both in respect of policy and constitu-
tionality.
134 MESSAGES AND PROCLAMATIONS OF
"In my judgment, the police in large cities can best be
handled by a single commissioner, rather than by a board.
In this respect a police department bears a close analogy to
a military system.
"The proposed increase in the number of elective
officials is a movement in the wrong direction. The hope
of the future lies in the 'short ballot' and fewer elections.
"The absence of any residuum of Slate control ought
to be fatal to the proposed legislation.
"The bill is open to serious question under article VIII,
section 2 of the State Constitution. Four officers are to be
elected, but the elector is privileged to vote for but two
persons. The Constitution provides that he shall be en-
titled to vote at all elections by the people. This, in my
judgment, means that at elections by the people he shall
have the right to cast a vote for each office to be filled."
Mr. L. A. Laughlin, who, as representative of the City
Club of Kansas City, served as chairman of this committee,
writes:
"I am clearly of the opinion that this act is uncon-
stitutional and void. Section 3 of the act provides that 'the
several political parties in any city to which this act applies
shall proceed to nominate by delegate convention,' etc.
Later on, in the same section, it is provided that 'the name
of the nominees so nominated * * * shall be printed
on the ticket of the party nominating such person, and on
no other ticket.' It will be seen that no provision is made
for nominating independent candidates who do not belong
to any political party. Thus membership in some political
party is made a qualification to hold office. This makes the
act unconstitutional and void.
State ex rel. vs. Denny, 118 Ind. 449.
Rathbone vs. Wirth, 150 N. Y. 492.
Bowden vs. Bedell, 68 N. J. L. 453.
"The police bill is especially vicious. It turns over the
police force to the bosses of the political parties who would
divide the spoil between them, and would be fatal to the
GOVERNOR HERBERT SPENCER HADLEY 135
discipline of the force and wholly pernicious in its effect
upon the proper control of the criminal class."
I think I can fairly say that the opinions of these men
in favor of the measure that they have recommended and
against this bill represent not only the best judgment, but
the judgment of the majority of the people of the three large
cities of the State. And if this is so, it would be a manifest
injustice to impose upon the people of our three large cities
a plan for the election of police commissioners and the con-
trol of police affairs which they do not want and which
they believe would be injurious in actual practice.
Another reason why this bill should not become a law
is that it is plainly unconstitutional. If Governor Folk was
correct in the opinion that he expressed in his veto message
of the so-called home rule bill passed in 1905, then this
measure is also plainly unconstitutional, for it seeks to
provide by State law for a system of municipal police. It
was his contention, and in that conclusion the members of
this committee apparently agree, that either the State must
provide for the management of the police affairs of the
three large cities under officials appointed by the Governor,
or must permit the people of the three cities to provide by
charter and ordinances for a municipal police department,
subject to such restrictions and limitations as the State
might impose.
The method of electing police commissioners provided
for by this bill also makes it, in my opinion, unconstitu-
tional, as well as inadvisable. It provides that each voter
shall vote for only one-half of the members of the board.
Thus, it deprives the citizen of the "free exercise of the right
of suffrage" which is guaranteed to him by the Constitu-
tion of this State.
I will be glad to give my approval to the measures
pending before this General Assembly which have the
approval of the representatives of the civic organizations of
St. Louis, Kansas City and St. Joseph. But I do not pro-
pose to give my approval to a measure simply because
someone has called it a home rule measure. If the right
136 MESSAGES AND PROCLAMATIONS OF
to manage their police and excise affairs is to be restored to
the people of the large cities, it must be done in a manner
authorized by the Constitution, and in such a way as will
give the people themselves a right to decide whether the
plan proposed is preferable to the one now in force. No
more effective provision against home rule could be devised
than that provided for in this bill. For the unsatifsactory
and disastrous results which would unquestionably follow
its adoption would, in my opinion, prevent for many years
to come the success of efforts to give real home rule to the
people of the large cities of the State.
For these reasons I return to you herewith this bill
without my approval.
Respectfully submitted,
HERBERT S. HADLEY,
Governor.
TO THE SENATE
MARCH 10, 1911
From the Journal of the Senate, pp. 670-671
March 10, 1911.
To the Senate:
I have the honor to return herewith, without my ap-
proval, the following bill:
Senate bill No. 286, entitled "An act authorizing the
State central committees of the political parties that polled
the largest and next to the largest number of votes in the
State at the last election for Governor, in all cities where
registration is now or hereafter may be required by law, to
appoint supervisors for each place of registration, revision
of registration and voting precinct in such cities and author-
izing them to be admitted inside the polling places and
registration booths, and prescribing their rights, duties
and qualifications, and what shall constitute the evidence
of their appointment, and requiring them to subscribe to an
oath, and making it a misdemeanor for any police officer or
GOVERNOR HERBERT SPENCER HADLEY 137
any other officer or judge of election to interfere with said
supervisors while in the discharge of their duties."
This bill authorizes the State central committees of the
Republican and Democratic parties to appoint "super-
visors" in every city of the State where registration is
required by law, who shall be present at the registration of
voters, the revision of the registration lists and upon elec-
tion day, for the purpose of seeing that the registration,
revision and election is conducted in accordance with law,
and to safeguard the interests of the political party that
they represent.
While I am in entire accord with the purposes apparently
sought to be accomplished by this law, I am of the opinion
that it is unnecessary, and that the confusion and conflict
of authority which would be occasioned by the presence of
these "supervisors" at the registration, revision of the regis-
tration lists and on election day would more than offset
any advantage that would be gained therefrom. It is
advisable, in my opinion, that all proper safeguards should
be thrown around our elections so as to insure to every
citizen the right to cast one ballot, and have that ballot
honestly counted as cast. But, in view of the provisions of
the existing election laws as to the right of the different
political parties to be represented in the conduct of the
registration, revision and election, I do not believe that
any further safeguards are necessary or would be effective.
Under the law as it now is, there are appointed in all cities
of the State where registration exists by law an equal num-
ber of judges and clerks of election representing the two
leading political parties. In addition to this, the govern-
ing committee of each political party in each of these cities
has the right to designate a challenger to look after the
interests of the party selecting him upon the day of registra-
tion, and the day of the revision of the registration lists.
On election day the governing committee of each party
can appoint an inside challenger and an outside challenger,
and after the closing of the polls each political party is
authorized to appoint two watchers or witnesses to the
138 MESSAGES AND PROCLAMATIONS OF
count. In addition, it is made the duty of a police officer to
be present at each polling place, but not within the polling
place. Thus, in St. Louis, for instance, under our present
election laws, there are at each polling place the following
officials and representatives of the leading political parties:
Two judges and one clerk representing the Democratic
party, who are appointed by the Democratic member of the
Board of Election Commissioners; two judges and one
clerk representing the Republican party, who are appointed
by the Republican members of the Board of Election Com-
missioners; an inside and an outside challenger, appointed
by the governing committees of the Democratic and Repub-
lican parties, and after the close of the polls and the count of
the ballots begun, two watchers or witnesses to the count,
appointed by the governing committees of each party. In
addition to these officials, there is a police officer appointed
by the Board of Police Commissioners who is present at
each polling place, who is specially charged with the duty of
enforcing the election laws. If to these fifteen officials
there were added two more officials, designated "super-
visors," with the expansive authority provided for by this
bill, there would, in my opinion, result more of confusion
from the conflict of authority and the multiplication of
officials than there would of benefit in the securing of a
fair and honest conduct of elections.
The following provision of this law is also, in my opinion,
a sufficient reason for its disapproval: "Any police officer or
any other officer or judge of election who interferes or
attempts to interfere with any supervisor while in the dis-
charge of his duties or who attempts to prevent any super-
visor from performing his duties shall, upon conviction, be
adjudged guilty of a felony and punished by imprisonment
in the penitentiary not exceeding five years." This pro-
vision of the law would unquestionably have the effect of
intimidating the police officers, or other peace officers, and
the judges of election, in case a difference of opinion should
arise between those officials and the "supervisors" in the
conduct of the registration, the revision or the election.
GOVERNOR HERBERT SPENCER HADLEY 139
The "supervisor" might "interfere or attempt to interfere"
with an election official or a police officer or a challenger in
the performance of their duties and be guilty of no offense.
But let any of these officials interfere with the "supervisor"
and a penitentiary sentence of five years will confront him.
If any police officer, or judge or clerk of election, fails to
perform the duties now imposed upon him by law, his failure
so to do is made a criminal offense, and he can be prosecuted
and convicted therefor. No good result would, in my opin-
ion, be secured by placing over all of these officials such a
factotum or general manager of election affairs in each
election precinct as is created by this law.
Another reason for the disapproval of this measure is
to be found in the fact that there is now pending before this
General Assembly a measure, which I am advised will
probably receive its approval, creating bi-partisan election
boards in the large cities of the State, the members of which
will be chosen from a list of names recommended by the
State central committees of the two leading political parties.
If this bill should become a law, I feel satisfied that the
special circumstances which have suggested the preparation
and passage of this bill will be satisfactorily met. In fact,
it is my understanding that this bill was suggested by the
conditions existing in the last general election in St. Louis
in which some difference of opinion arose between the
Democratic State central committee and the city committee
of the Democratic party. This condition was an unusual
one, and I do not think the situation that was created by
this difference of opinion was of sufficient public importance
to justify the passage of this bill.
Respectfully submitted,
HERBERT S. HADLEY,
Governor.
140 MESSAGES AND PROCLAMATIONS OF
VETO RECORDED WITH THE SECRETARY
OF STATE
MARCH 25, 1911
From the Journal of the House of Representatives, pp. 1392-1396
CITY OF JEFFERSON, March 25, 1911.
To the Secretary of State:
Sir I have the honor to transmit herewith, without my
approval, the following bill, which reached me within ten
days next before the adjournment of the General Assembly:
Senate bill No. 317, entitled
"An act to repeal section 7230 of the Revised Statutes
of Missouri of 1909, and enact a new section in lieu thereof,
and to further amend article II of chapter 63 of said Revised
Statutes by adding thereto four new sections, to be known
as sections 7230a, 7230b, 7230c and 7230d, providing for
the appointment of a non-partisan board of excise commis-
sioners in all cities in this State which now have or may here-
after have 300,000 inhabitants or more, prescribing the
manner of filling vacancies, the power and duties of said
board and the qualifications and salaries of its members."
This bill, which applies only to the city of St. Louis,
provides for the appointment by the mayor of a board of
excise commissioners composed of two members, one of
whom shall be of the same politics as the mayor and the
other "shall be a member of the leading political party
opposed to that to which the mayor belongs, and shall be
chosen from three eligible citizens named by the city com-
mittee of the said leading party politically opposed to that
to which the mayor belongs."
This bill was passed as a Democratic caucus measure,
and in a speech in the House one of the leading Democratic
members of the Legislature charged that this bill had not
been passed in good faith with the hope and belief that it
would become a law, but with the idea tnat it would em-
barrass the Governor to veto it. Those familiar with the
facts connected with the passage of this bill did not need to
GOVERNOR HERBERT SPENCER HADLEY 141
have this confirming statement to satisfy them that this
bill was not enacted in good faith for the purpose of giving
to the people of St. Louis home rule in management of
their excise affairs, but with the idea that political advan-
tages could thereby be secured. The only embarrassments
incident to the veto of this measure are in stating with in the
proper limits of a message of this character the many
objections that can be urged against it. The political
party whose representatives were responsible for the passage
of this law provided a partisan system of State boards and
commissioners for the control of police and excise affairs
when that party was in control of the different departments
of the State government. And in the last two State cam-
paigns no declaration was made by any candidate or rep-
resentative of that party, either in public speech or in the
State platforms, in favor of the principle of home rule which
it is claimed this bill was intended to establish. The man-
ifest hypocrisy of the assertion that the purpose of this
measure was to give to the people of St. Louis home rule
in excise affairs is, therefore, at once apparent. And the
measure itself, with its unsatisfactory and unconstitutional
provisions is such a measure as would be expected to emanate
from those who were opposed to the principle that it w r as
asserted the bill was intended to establish. There is no
more reason why in the city of St. Louis there should be tw r o
excise commissioners, one a Republican, and one a Democrat,
than there is reason why there should be two chiefs of
police, one a Republican and one a Democrat. The char-
acter of this office makes it necessary that the excise com-
missioner should have full power to act promptly and
vigorously, and that there should be a definite responsibility
resting upon one person for the manner in which such duties
are performed. With such a board as is created by this
act, there would be a lack of responsibility, and there would
also be a lack of capacity for vigorous and effective action
in the performance of executive duties.
In a communication received from Judge William B.
Homer, now circuit judge of the city of St. Louis, but former-
142 MESSAGES AND PROCLAMATIONS OF
ly the excise commissioner of that city, he "calls my atten-
tion to some provisions of the bill," which, in his opinion,
"render it wholly ineffective." "These," he says, "are
patent from the slightest inspection. There being two
excise commissioners with equal power, no license could
be issued without the concurrence of both. It might be
that the Republican would insist on issuing only licenses to
Republicans and the Democrat only licenses to Democrats,
in which case no licenses at all would be issued. Again,
there would need to be a concurrence of both commissioners
before any license could be revoked."
This bill, instead of eliminating politics, as it is claimed
was intended, from the work of the excise commissioner,
makes it inevitable that political considerations would
strongly influence the manner in which such duties were per-
formed. The necessary inability to act decisively and
promptly in matters relating to the regulation of dramshops
would necessarily arise from other natural differences of
opinion between the two commissioners. No citizen of the
city of St. Louis, no newspaper, and no organization has
asked for the passage of this law. If it had not been gen-
erally known from the day it was proposed until the present
time that it w T ould not become a law, I am satisfied that the
people of the city of St. Louis, the leading civic and religious
organizations, the leading newspapers and the dramshop-
keepers themselves would have been vigorously petition-
ing that the bill be vetoed.
This bill is also plainly unconstitutional under the de-
cision of the Supreme Court in State ex rel. Hadley v. Wash-
burn, 167 Mo. 680, in that it transfers the power of appoint-
ment intended to be lodged in the mayor to the political
committee of the party to which he does not belong, in so
far as one of the excise commissioners is concerned. While
if the bill was otherwise commendable, this unconstitutional
provision might be disregarded, yet in view of the fact that
the bill is so entirely objectionable, this serves as an added
reason why it should not become effective.
GOVERNOR HERBERT SPENCER HADLEY 143
It is also significant as indicating the lack of good faith
in its enactment that the party responsible for its passage
never urged or suggested the necessity of a bi-partisan
management or control of police or excise affairs until it
had ceased, through the votes of the people of the State, to
be able to manage- them in a partisan manner and for par-
tisan purposes. Under our system of government, we have
party responsibility for the conduct of public affairs, and, as
a necessary consequence of this party responsibility, there
should be party rule. In order that the political party that
has been entrusted with the work of government may, in
fairness, answer to the people for the manner in which
the duties of government are performed, the right and
power to perform the duties of government should belong
to the representatives of that political organization. The
one exception to this general rule that is sound in theory
and has been found to be fair and effective in actual ex-
perience, is in the conduct of election affairs. An election
is a contest between political organizations for the support
and approval of the people. The interest of the public in
such a contest is that in the conduct of the registration,
the election and in the counting of the votes there should
be absolute fairness and impartiality. In order to secure
this result, there has been established in this and in other
states the policy of giving to the two leading political parties
representation upon the boards charged with the conduct of
elections, and dividing equally between those boards the
election officials.
In the conduct of political affairs which are of public
interest and concern, it is right and proper that the two
political parties equally concerned should have equal author-
ity and equal representation. But this principle, mani-
festly, has no application to officers whose sole duty is to
enforce the laws regulating dramshops.
A further demonstration of the insincerity of those
responsible for this measure is to be found in the fact that
the majority party in the Legislature defeated the bill which
was prepared by a committee of seven of the leading lawyers
144 MESSAGES AND PROCLAMATIONS OF
)f the State, representing the civic organizations of Kansas
Hity, St. Louis and St. Joseph, which gave to the people of
,hese cities the right to provide by amendments to their
uty charters for the appointment of an excise commis-
>ioner by the mayor under such safeguards as would secure
i proper enforcement of the State laws. Such a bill would
lave given to the people of these cities real home rule in
excise affairs in that it would have enabled them to say
whether they wished to change from the present system to a
jystem which they themselves would provide for in the
>rganic law applicable to their own municipalities. The
Bequest for the passage of this bill and another measure of
similar character relating to the conduct of police affairs in
these cities, which request came from the leading civic
organizations of these three cities, was the only request for
home rule legislation submitted to the members of the
46th General Assembly. And notwithstanding the fact
that these measures represented, presumably, not only
the best opinion, but the majority opinion, upon this ques-
tion of the people of the three large cities of the State, they
were summarily defeated and such miserable makeshifts
and subterfuges as the bill now under consideration and
Senate bill No. 288, which I have already vetoed, were passed
in their stead. Under these circumstances, to veto such a
measure as this, and to demonstrate thereby to the people
of the State the lack of regard for public interest and wel-
fare, and the effort to secure political advantage through the
discharge of public duties, on the part of those responsible
for the passage of this bill, becomes not a source of em-
barrassment, but a source of satisfaction, in that it gives me
an opportunity to perform a plain duty that I owe to the
people of Missouri, and particularly to the people of St.
Louis, who would be most injuriously affected by this bill
becoming a law.
Very respectfully,
HERBERT S. HADLEY,
Governor.
GOVERNOR HERBERT SPENCER HADLEY 145
VETO RECORDER WITH THE SECRETARY
OF STATE
APRILS, 1911
From the Journal of the House of Representatives, pp.
CITY OF JEFFERSON, APRIL 6, 191 1.
To the Secretary of State:
Sir I have the honor to transmit, without my approval,
the following bill, which reached me within ten days next
before the adjournment of the General Assembly:
House bill No. 890, entitled
"An act to repeal chapter 58 of the Revised Statutes
of the State of Missouri for 1909, comprising sections 6738
to 6746, inclusive, said chapter entitled 'Immigration,'
and to enact a new chapter in lieu thereof, to be known and
designated as chapter 58 of the Revised Statutes of the
State of Missouri for 1909, and relating to immigration,
and making certain State officers members of and con-
stituting a board of immigration, and defining their duties,
and relating to the appointment of an immigration com-
missioner, and prescribing his salary and duties, and pre-
scribing other powers and duties of said board and said com-
missioner, and appropriating money therefor."
This bill repeals an act passed by the 45th General
Assembly establishing a State Board of Immigration, con-
sisting of three members, appointed by the Governor, to
encourage the development of the undeveloped resources
of this State, by securing proper immigration and invest-
ments of capital in Missouri. This bill provides for the
appointment of an Immigration Commissioner by the State
Auditor, Secretary of State, Attorney-General, State Treas-
urer and the Governor, who are to constitute a Board of
Immigration. The bill prescribes the duties of the Im-
migration Commissioner; provides that he shall maintain
an office at the seat of government, and shall receive a salary
of $2,000 a year and expenses, and in the bill itself there is a
146 MESSAGES AND PROCLAMATIONS OF
provision undertaking to appropriate $20,000 for the pay-
ment of the salary and expenses of the commissioner and
the members of the board during the next two years.
It is very evident, from a consideration of this bill,
which was passed as a Democratic caucus measure, and
from the statements made in the discussion of this subject
by leading members of the Democratic party, that the real
purpose of the enactment was to discontinue the work of
immigration in this State. The fact that there is no appro-
priation in any of the appropriation bills for the carrying
on of this work for the next two years is, in itself, a demon-
stration of the truth of this assertion. Two years ago the
Legislature provided, in an act creating the State Board of
Immigration, for an appropriation of $25,000 to carry out
the purposes of the act. Through partisan opposition the
insertion of this appropriation in the general appropriation
bill was defeated, and, thereafter, the State Auditor, on an
opinion from the Attorney-General, refused to recognize the
validity of the appropriation. The business men of Kansas
City, St. Joseph and Springfield, who were in favor of
carrying on the work of immigration, advanced the money
necessary for the carrying on of the work of this board for
the last two years. And the Democratic members of the
House who originated and passed this bill, defeated, by
practically a party vote, the appropriation to reimburse
the business men of these three cities when that question
first came before the House for consideration.
Notwithstanding the fact that the objection to the
appropriation of two years ago, because it was not one of the
items of the appropriation bill of that session, had been
frequently impressed upon the members of this Legislature,
they declined to provide in the appropriation bills passed
at this session for an appropriation for the support of the
Immigration Board. It is very evident, therefore, that
this bill was passed by the Democratic members of the
General Assembly with the idea of giving to the people of
the State the impression that they were in favor of con-
GOVERNOR HERBERT SPENCER HADLEY 147
tinuing the work of immigration, when they were in reality
opposed to such a policy.
The manifest insincerity and trickery of this action
is so evident that a statement of the facts makes clear the
purpose of those who passed this bill to deceive and mislead
the people and also to discontinue the work of immigration
in this State.
What position the two State officials who made in-
effective the appropriation of two years ago might take as
to the validity of this act, I am not advised. But even if
they treated it as valid, the inadequacy of the amount ap-
propriated and the provisions of the law as to its expenditure,
makes it inadvisable, in my opinion, that the bill should
become a law. Particularly is this true in view of the fact
that the Legislature made appropriations a million dollars
in excess of the probable revenues of the State for the next
two years. Under this law, at least, two-thirds of the ap-
propriation contained in the bill would go to the salary of
the Immigration Commissioner and for the maintenance and
equipment of his office in Jefferson City. And, in addition
to this expense, the State officers, upon whom is conferred
the right of appointing such Immigration Commissioner,
are authorized to travel about the State at the expense of
this fund "to secure information and data and do such other
things as will inure to the healthful interest and develop-
ment of the State." Whether or not this very general
clause, giving a roving commission to the members of this
board, all of whom are, or ought to be, fully occupied with
the duties of their respective offices, was a part of the general
political purpose which dictated the passage of this bill, it
is entirely clear that it is a mistaken policy to expect to
secure, any useful service in the carrying on of a special
work of this character from State officials who are already
overburdened by the duties of their respective offices and
by service upon a number of special boards, of which they
are ex-officio members.
These facts are in themselves, in my opinion, con-
clusive evidence of the unworthy political purposes and
148 MESSAGES AND PROCLAMATIONS OF
intention to mislead the people of the State which character-
ized the action of those members of the Legislature respon-
sible for the passage of this bill. But, if such evidence was
not so forcibly furnished by the act itself, the statements of
leading members of the Democratic party in the discussion
of this subject would establish the truth of that fact. When
the question of the appropriation to promote the work of
immigration was before the Houfee, some of the leading
Democratic members declared that they were opposed to
spending any money for that purpose, for the reason that
every dollar spent in promoting immigration in this State
meant an additional Republican vote. The fact that
members of the Legislature who made such expressions
voted for and supported this bill shows, of course, that they
were satisfied that it was not intended to promote the work
of immigration.
While these objections are sufficient, in my opinion,
to justify a disapproval of this measure, there are other
valid objections to it. In addition to repealing the excellent
immigration law which was passed by the 45th General
Assembly, it undertakes to transfer from the Governor of
the State to the State Auditor, Secretary of State, Attorney-
General and State Treasurer the appointment of an Im-
migration Commissioner. The purpose of this provision is,
of course, political. And in the attempted accomplish-
ment of this political result, the members of the Legislature
have been guilty of an unwarranted encroachment upon the
proper powers and functions of the chief executive of the
State. The four officials referred to, while a part of the
executive department, are mere ministerial and administra-
tive officers, whose duties are prescribed by law, and who
are in no sense charged with the general duties and respon-
sibilities incident to the office of the chief executive. Such
efforts as this to impair the power, the dignity and the
authority that belong to the office of Governor for a pur-
pose entirely political, ought not to be permitted to be suc-
cessful and thereby establish a precedent fraught with
dangerous consequences for the future. And so long as I
GOVERNOR HERBERT SPENCER HADLEY 149
am Governor, such efforts will not be successful if an ex-
ecutive veto is effective to prevent them.
If there had been aught in the conduct of the work of
immigration under the law passed two years ago to justify
this effort to use the laws of the State for the accomplish-
ment of political results, this criticism against this measure
might now be justified. The law passed by the 45th Gen-
eral Assembly provided that there should be three members
of the Board of Immigration, only one of whom, the Chief
Commissioner, should receive a salary, and not more than
two of whom should belong to the same political party.
The two men who have held the position of Chief Com-
missioner for the last two years, have both been members of
the Democratic party, and the present Immigration Com-
missioner, Mr. George M. Sebree of Springfield, belongs to
one of the oldest and most influential Democratic families of
the State. So far as I know r , no charge has been made that
either of these gentlemen, or any other members of the
board, has, in any way, used his office for the accomplish-
ment of political results, and the fact that the appointments
of the present members of the board were unanimously ap-
proved by the State Senate, would carry with it reasonably
satisfactory proof that they have not used their offices for
the accomplishment of such purposes. The fact that a
bill providing for a bipartisan board, consisting of four
members, which was introduced by Senator Hawkins of
Springfield, was rejected, also emphasizes the political pur-
poses sought to be accomplished by this measure.
As the Democratic members of the Legislature, who
passed this bill, neglected and refused to provide in the
appropriation bills for any money to carry on the work of
immigration, to approve the bill would simply result in the
repeal of the present law and substitute an immigration com-
missioner in place of the present Board of Immigration.
In view of these facts, it is better, in my opinion, to
leave the work of promoting proper immigration into this
State and directing movements for the development of our
undeveloped resources to the business interests and to sub-
150 MESSAGES AND PROCLAMATIONS OF
sequent Legislatures more responsive to considerations of
public interest and welfare, than to permit to become a law
a bill which originated in a wrong purpose and the neces-
sary effect of which would be to hurt, rather than to help,
the work of immigration. And I am glad to know that in
reaching this conclusion I am in entire accord with those
public-spirited citizens who have during the last two years
originated and organized the movement to secure for Mis-
souri new home-builders and new investors and have ren-
dered such efficient and unselfish service in making this
work successful. And from assurances already received, I
am confident that an organization can be effected throughout
this State by which this work can be satisfactorily conducted.
But whether such an organization is effected or not, I pro-
pose that the work of advertising the undeveloped resources
of Missouri shall continue through the various State de-
partments for the conduct of which I am responsible. And I
think it advisable that the work of immigration and develop-
ment should be thus conducted, even with inadequate
means, by the friends of such a movement, than that it
should be conducted in a manner devised for a political
purpose by those who have abundantly demonstrated that
they are opposed to the work and the results which it would
inevitably accomplish.
Very respectfully,
HERBERT S. HADLEY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL?, 1911
From the Journal of the House of Representatives, pp. 1419-1420
CITY OF JEFFERSON, April 7, 1911.
To the Secretary of State:
Sir I have the honor to return herewith, without my
approval, the following bill, which reached me within ten
days next before the adjournment of the General Assembly.
GOVERNOR HERBERT SPENCER HADLEY 151
Senate bill No. 245, entitled
"An act to amend section 10551, article 5, chapter 102
of the Revised Statutes of Missouri, 1909, by striking out
the word 'shall,' where it occurs in the fifth line, and insert-
ing in lieu thereof 'may,' with an emergency clause."
The only change made in the existing law by this
measure is to make it optional with the county court whether
there shall be a county highway engineer appointed. Under
the provisions of the existing statute the people of any county
in the State who do not desire to have the office of county
highway engineer exist therein may, by a majority vote,
make the law providing for the appointment of such an
official inapplicable in such county. The county courts
are also authorized to appoint the county surveyor of their
respective counties to the office of county highway engineer,
and as the salary, which is to be fixed by the county court,
shall not exceed two thousand dollars, and may be as low
as three hundred dollars per annum, I do not believe that
the law, as it now exists, is in any way burdensome or
oppressive on the people of this State.
The purpose of the law is to transfer from the people
of the county to the judges of the county court the option
as to whether the county highway engineer shall be ap-
pointed in any county in the State. The procedure by which
the people may express their opinion upon this matter is
adequate, in my judgment, to furnish a satisfactory expres-
sion of public opinion upon this question, and the imperative
necessity of improvement in the condition of the roads of
the State argues strongly in favor of the necessity of having
a public official whose duty it is to do all that can be done to
contribute to that end.
The importance of improving the condition of the
roads of this State can hardly be overestimated. We have
in this State 110,000 miles of public roads, of which only
5,000 miles have been improved by macadam, rock or gravel,
while in the United States, as a whole, about eight per cent
of the total mileage of public roads has been improved.
The economic loss which is suffered by the people of Mis-
152 MESSAGES AND PROCLAMATIONS OF
souri each year through failure to provide good roads reaches
an amount far in excess of the amount expended by the
people of this State each year for the construction and
maintenance of good roads. It costs the farmer of this
State twenty-five cents for every mile that he hauls a ton of
freight over a poor road, while it costs less than one-third of
that amount to carry a ton of freight over a good road.
The unnecessary financial burden borne by the people
of this State in the increased expense occasioned by bad
roads would, in the course of a few years, improve every
road in the State so that it would be available for the pur-
pose of transportation every day in the year. By reason
of the expense of bad roads, there is levied upon every acre
of cultivated land throughout the State an annual tax of
one dollar an acre. One-half at least, of this amount could
be avoided if we had good roads instead of bad ones.
In addition to the financial value of good roads, and
the financial loss suffered by bad ones, there is the further
advantage in the improvement of the conditions of social
life to be gained by the construction of good roads. The
steady drift of the people from the country to the cities
cannot be changed from the cities back to the land until
there is an improvement in the conditions of social life
in the country. And an improvement of the conditions of
social life in the country will only come from an improve-
ment in the country roads; for the best way to bring about
an improvement in the conditions of social life in the
country is to make the people more accessible to one another
and to those centers of social life in the country the church
and the schoolhouse. Through the improvement of the
country roads, the people of the country can be brought not
only closer to each other, closer to their centers of social
life, but also closer to the cities and the towns, and there
can thereby be effectively dispelled the lonesoT*>ciiess and
the isolation which have been more or less inevitable to life
in the country.
In view of these facts, I feel that no law should be
placed upon the statute books which would seem in any
GOVERNOR HERBERT SPENCER HADLEY 153
way to be a backward step in the work of securing good
roads. So long as there exists, under the law of this State,
a public official in every county whose duty it is to do all
he can do to contribute to good roads, more will be accom-
plished toward that end than would be accomplished if
such an office did not exist. And if the question as to
whether such an office should exist was left to the decision
of three men, influenced as they might be, in many cases,
through false ideas of economy, by local interests or by
unintelligent prejudices, there would unquestionably be
fewer county highway engineers in the State than there are
under the provisions of the present statute.
For these reasons I transmit herewith this bill without
my approval.
Very respectfully,
HERBERT S. HADLEY,
Governor.
VETO RECORDED "WITH THE SECRETARY
OF STATE
APRIL?, 1911
From the Journal of the House of Representatives, p.
CITY OF JEFFERSON, April 7, 1911.
To the Secretary of State:
Sir I have the honor to return herewith, without my
approval, the following bill, which reached me within ten
days next before the adjournment of the General Assembly:
House bill No. 289, entitled
"An act to amend section 10684 of the Revised Statutes
of Missouri, 1909, relating to expenses of judges of circuit
courts and criminal courts, by adding certain words thereto."
This bill is for the purpose of giving to the judges of
the circuit court of Jasper county an allowance of one
hundred dollars a month as a commutation of their expenses,
such as the judges receive whose circuits include more than
one county. As under the provisions of Senate bill No.
154 MESSAGES AND PROCLAMATION'S OF
183, passed by the 45th General Assembly, which has
received my approval, the judges of the circuit court of
Jasper county will receive $4,500 a year, I do not think it
either necessary or advisable that this bill should become a
law. This bill would not increase the salaries of the judges
of the circuit court of Jasper county, but it would result in
$2,400 each year being paid to the judges of the circuit
court of Jasper county from the State treasury, while other-
wise the same amount would be paid them on account of
their services as jury commissioner by Jasper county.
While it is true that the judges of the circuit court of
Jasper county incur some additional expenses on account of
their being required to hold court both in Carthage and in
Joplin, this additional expense is more than taken care of
by the additional compensation allowed them under the
provisions of the jury commissioner law, and in view of
existing conditions I feel that the burden of this extra
charge, which is occasioned for the convenience of the
people of Jasper county, should be borne by the county
rather than by the State as a whole. For these reasons I
return herewith this bill without my approval.
Very respectfully,
HERBERT S. HADLEY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 7, 1911
From the Journal of the House of Representatives, pp. 1421-1422
CITY OF JEFFERSON, April 7, 1911.
To the Secretary of State:
Sir I have the honor to transmit herewith, without
my approval, the following bill, which reached me within
ten days next before the adjournment of the General
Assembly:
House bill No. 789, entitled
GOVERNOR HERBERT SPENCER HADLEY 155
"An act to amend section 3694, article 3, chapter 34
of the Revised Statutes of Missouri, 1909, entitled 'County
buildings and removal of county seats,' by adding to said
section certain words."
This bill changes the existing law with reference to the
removal of county seats, by adding thereto the proviso:
"that no place or site shall be designated which is within
four miles of any county boundary line."
I understand that the real purpose of this bill was to
prevent the removal of the county seat of Stone county
from the present county seat to the town of Crane, which
promises to become a town of some size by reason of being a
division point on the railroad.
Without regard to the merits or demerits of the claims
of the respective towns immediately affected by this measure,
I do not deem it advisable that this arbitrary limitation
should be placed upon the action of the people of a county
in locating their county seat. It might well be that the
place most convenient of access to the people of an entire
county would be within this limit. In view of the depend-
ence of the people upon railroads as a means of communica-
tion and travel, the location of the county seat in the geo-
graphical center of the county has ceased to be of the im-
portance that it was formerly. Formerly, when the methods
of communication were by water and wagon, the center of
the county was usually found to be the most convenient
place for the location of the county seat. But even this
rule had its exceptions, as for instance, in Ste. Genevieve
county, Ste. Genevieve, the county seat, is located upon
the eastern border of the county on the Mississippi river;
in Pemiscot county, Caruthersville, the county seat, is
located upon the eastern border of the county on the Mis-
sissippi river, and in Gasconade county, Hermann, the county
seat, is located on the northern border of the county on the
Missouri river.
If the people of any county in the State, by a majority
vote, decide in favor of locating the county seat within four
156 MESSAGES AND PROCLAMATIONS OF
miles of the county limits, I do not believe that the matter
is of sufficient State concern to justify the enactment of a
law prohibiting them from so doing.
Very respectfully,
HERBERT S. HADLEY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 10, 1911
From the Journal of the House of Representatives, pp. 14%%-1 4% 4
CITY OF JEFFERSON, April 10, 1911.
To the Secretary of State:
Sir I have the honor to transmit herewith, without
my approval, the following bill, which reached me within
ten days next before the adjournment of the General
Assembly :
House bill No. 1023, entitled
"An act to establish agricultural schools, and to provide
for equipment, course of study and means of support."
This bill empowers the county courts of the various
counties to establish an agricultural high school in each
county of the State by a tax levy when voted by the people
of the county.
I am heartily in favor of the purposes apparently
sought to be accomplished by this measure. I believe not
only in the advisability, but in the necessity of scientific
education in agriculture, and I am in favor of the passage
of a law providing for the establishment of agricultural
high schools in every county in the State. But, it is, in
my opinion, better to wait two years for the beginning of
this important work rather than to have it inaugurated in
the unsatisfactory and unscientific manner provided for
by this bill.
GOVERNOR HERBERT SPENCER HADLEY 157
The school sought to be established by this bill is
apparently a general educational institution, as well as a
school of agriculture, and, yet, the control and management
of the school is placed in the county court. The county
courts are not chosen by the people for the purpose of
managing educational institutions, and the qualifications
for such a position as generally understood by the people
of the various counties are not such as to indicate the advis-
ability of placing any part of the educational department
in charge of such officials. If such an institution is to be
established, and be successful, it ought to be under the
charge of a board that is experienced and capable of deal-
ing with educational affairs.
The method provided by this bill for the support of
these schools is also so precarious and uncertain as to make
it inadvisable, in my opinion, for this plan to be adopted.
The funds necessary for the establishment and support of
the institution are to be provided by a tax levy voted by the
people of such county on the first Tuesday in April of each
year. The amount of the tax levy for the establishment
and support of such school is not designated by the bill,
and those counties in which the limit of taxation for county
and school purposes, under the provisions of the Constitu-
tion, has already been reached would, of course, be unable
to provide for the establishment and maintenance of such
an institution. Further, if in any year, through the mis-
management of such institution or unsatisfactory results
therefrom, the majority of the people should not vote in
favor of a tax levy for the support of this particular school,
it would, of necessity, have to be abandoned. The im-
probability of securing satisfactory results in a scientific
agricultural education under the provisions of this bill is
such as to make it, to my mind, inadvisable to undertake
the experiment.
While the bill undertakes to provide for the conduct
of these schools under the direction "of the Dean of the
Agricultural College," conflicting provisions make so un-
certain the authority of the Dean of the Agricultural College
158 MESSAGES AND PROCLAMATIONS OF
in connection with such institutions that misunderstandings
and conflict of authority are more likely to arise therefrom
than harmonious and effective management.
I have been strongly influenced in reaching this con-
clusion by the recommendations of the State Superintendent
of Schools and his assistants, who have called my attention
to the inadequate provisions of this bill from an educational
standpoint.
In view of these facts, I transmit herewith this bill
without my approval.
Very respectfully,
HERBERT S. HADLEY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 12, 1911
From the Journal of the House of Representatives, pp.
CITY OF JEFFERSON, April 12, 1911.
To the Secretary of State:
Sir I have the honor to transmit herewith, without
my approval, the following bill, which reached me within
ten days next before the adjournment of the General As-
sembly :
House bill No. 734, entitled
"An act to amend article 14, chapter 119, Revised
Statutes of the State of Missouri, 1909, entitled 'Township
organization, roads, highways and bridges,' by enacting a
new section, to be known as section 11764a."
This bill is identical, word for word, with section 10543,
Revised Statutes of 1909, under which good work in improv-
ing the highways of the State has been done for the last
four years.
The members of the Legislature may have intended to
repeat this section in order to attract attention to it. But
in view of the fact that I am advised by the State Highway
GOVERNOR HERBERT SPENCER HADLEY 159
Engineer that every member of the county courts, the county
highway engineers and overseers, so far as his knowledge
goes, have known of this law since its enactment in 1907,
and have generally availed themselves of its provisions, I
do not know of any public necessity that would be sub-
served by aga'in placing it upon the statute books.
I, therefore, transmit this bill without my approval.
Very Respectfully,
HERBERT S. HADLEY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 12, 1911
From the Journal of the House of Representatives, pp. 1 427-1 429
CITY OF JEFFERSON, April 12, 1911.
To the Secretary of State:
Sir I have the honor to transmit to you herewith,
without my approval, the following bill, which reached me
within ten days next before the adjournment of the General
Assembly:
Senate Committee Substitute for House bill No. 776,
entitled
"An act authorizing and empowering the Board of
Railroad and Warehouse Commissioners to fix the manner
and method and terms upon which one railroad or interur-
ban company may cross another in any street, highway or
other public place, with an emergency clause."
This bill undertakes to confer upon the Board of Rail-
road and Warehouse Commissioners the power to prescribe
the manner in which railroad and interurban railroad com-
panies shall "cross the tracks of another such company in
or over any street, highway or public place," and this right
is conferred "notwithstanding any right or franchise hereto-
fore or hereafter granted for such crossing by any city,
160 MESSAGES AND PROCLAMATIONS OF
town or village, whether organized under general or special
law, or by any county or municipal authority whatsoever."
This bill which was passed in the closing days of the
session of the Legislature, with but little, if any, discussion
of its effect, and the radical changes which it would make in
the laws of this State furnishes another striking example of
the hasty and ill-considered action by the legislative de-
partment on measures of fundamental importance. This
bill is, in my opinion, not only unconstitutional, but it is
also entirely inadvisable. It would deprive every city in
the State, whether organized under general law or special
charter, of the right to exercise jurisdiction and control over
its public streets. The right of the municipalities to exercise
exclusive control of their public streets, to grant franchises
to railroad companies for the use of the same, to establish
grades, require the construction of viaducts or subways is a
right peculiarly incident to municipal government, and
one which belongs both by established custom and con-
stitutional provision to the municipalities alone.
Section 20, article 12 of the Constitution provides:
"No law shall be passed by the General Assembly granting
the right to construct and operate a street railroad within
any city, town or village, or on any public highway, with-
out first acquiring the consent of the local authorities having
control of the street or highway proposed to be occupied
by such street railroad; and the franchise so granted shall
not be assigned or transferred without similar assent first
obtained."
It is evident from the provisions of this section of the
Constitution that it was the intent of the framers of the
Constitution to give complete authority to municipalities
in the the granting of the right "to construct and operate"
railroads upon the public streets of such municipality.
This contention is sustained by well considered authorities
of the Supreme Court.
State ex rel. v. Williams, 227 Mo. 32, 1. c. 53.
Railway v. Kirkwood, 159 Mo. 239.
Same v. Railroad, 174 Mo. 53.
GOVERNOR HERBERT SPENCER HADLEY 161
Jeffers v. Annapolis (Md.), 68 All. 361.
Penn. Coal Co. v. Railroad, 146 Fed. 446.
In the case of Railroad v. Kirkwood, the court said:
"It would be difficult to conceive of a more positive and
unequivocal veto than that conferred upon the cities,
towns and villages of this State by section 20 of article 13
of the Constitution * * * * to prevent the con-
struction and operation of railroads upon their streets and
highways without their consent. When such power is
given to cities and towns, it is not limited to mere 'yes 9 and
'no,' but they may impose such conditions upon their con-
sent as they see fit."
In the case of Kansas City v. Railroad, 187 Mo. 146,
the court again said: "The city had the absolute right to
grant or refuse the railroad company the use of its streets
as it saw fit, and when its consent was required, it had the
authority to prescribe the terms upon which the company
could use them. It was not limited to yes or no."
In State ex rel. v. Murphy, 130 Mo., the court also
said: "It is the well considered policy of the law of this
State to delegate to municipal corporations not only gen-
eral police powers, but the control of the streets in respect
to the use thereof for public purposes other than that of
ordinary travel by pedestrians and private vehicles."
This bill seeks to take away from the municipalities
this right granted to them by the Constitution and by the
decisions of the Supreme Court, and to place it in the hands
of three men constituting the Board of Railroad and Ware-
house Commissioners who, in a great majority of cases,
would be entirely unfamiliar with local necessities and con-
ditions to which their orders would apply. It would be
difficult to imagine a more extreme and radical effort to
deprive the people of the municipalities of their right of
"home rule" in purely municipal or local affairs. It is
considered by those responsible for the preparation and
passage of this bill that it would not interfere with the right
of the cities, under the provisions of section 20, article 12
of the Constitution, in that it would affect merely the manner
162 MESSAGES AND PROCLAMATIONS OF
in which the crossing of intersecting railroads should be
accomplished. This is a refinement of argument with which
I am unable to agree. It is also contended that the power
of the Railroad Board in such matters could be exercised
in harmony with the power of the municipality in determin-
ing the manner in which such crossings should be made.
While it is true that such power might be exercised by the
Board of Railroad Commissioners in harmony with the
municipal authorities, it is also true that it might be ex-
ercised in conflict therewith. And the unseemly con-
troversies which this law would make possible between the
State and local authorities is an adequate reason, in addition
to its unconstitutionally, as to why it should not become
effective.
In case the bill was a constitutional enactment, it is
also inadequate in that it would not only deprive the city
of the right to change, from time to time, the manner in
which the crossing of railroads should be effected in the large
cities, but it fails to confer upon the Board of Railroad
Commissioners this right. For, under the provisions of
the bill, when the Board had once made an order fixing the
manner in which such crossings should be made, there is
no provision giving it the right to thereafter modify or
change the same. The right of the municipalities, on ac-
count of increased population, and other changed conditions,
to require railroads to build viaducts or subways where they
intersect, would be destroyed, and the provisions of the
special charters of the large cities of the State conferring
such right would in this way be amended and repealed.
Further reasons and illustrations might be offered as
to the inadvisability of this law, but from those already
stated it seems entirely clear to me that this is an uncon-
stitutional, inadvisable and ill-considered piece of legisla-
tion.
Very respectfully,
HERBERT S. HADLEY,
Governor.
GOVERNOR HERBERT SPENCER HADLEY 163
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 12, 1911
From the Journal of the House of Representatives, p. 14SO
CITY OF JEFFERSON, April 12, 1911.
To the Secretary of State:
Sir I have the honor to transmit to you herewith,
without my approval, the following bill, which reached me
within ten days next before the adjournment of the General
Assembly:
Senate bill No. 316, entitled
"An act to repeal section 9248 of article 4 of chapter
84 of the Revised Statutes of Missouri, 1909, entitled 'Cities
of the third class,' with an emergency clause."
This bill repeals section 9248 of the Revised Statutes,
1909, which provides that the census may be taken by
cities of the third class in accordance with an ordinance
passed by the council of such city and by an enumerator
appointed by the Governor. The census so taken may be
used as a basis of taxation, in accordance with the limita-
tions therein prescribed. This bill repeals this section and
the reason alleged for such action is that there has been a
federal census lately taken upon which the tax levy for the
various cities of the third class can be made. While this
is true, yet the purpose to be accomplished by this section
of the statutes was to permit a census to be taken between
the decennial periods of the federal census. With the
rapid growth of municipalities, particularly in the un-
developed sections of Missouri, conditions might well arise
where a city would, under the Federal census of 1910,
be unable to impose a tax levy that might be necessary to
carry on public improvements, and, in fact, to provide the
necessary expenses of government, if such census was the
sole basis upon which a tax levy could be fixed until 1920.
164 MESSAGES AND PROCLAMATIONS OF
For these reasons, the measure is transmitted to you
herewith without my approval.
Very respectfully,
HERBERT S. HADLEY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 13, 1911
From the Journal of the House of Representatives, pp. 1482-1433
CITY OF JEFFERSON, April 13, 1911.
To the Secretary of State:
Sir I have the honor to transmit herewith, without
my approval, the following bil 1 , which reached me within
ten days next before the adjournment of the General
Assembly:
Senate bill No. 231, entitled
"An act to amend section 190, of article 7, chapter 2,
Revised Statutes of Missouri, relating to the allowance and
classification of demands, by adding a new clause or para-
graph at the end of said section 190, authorizing executors
and administrators to acquire and erect monuments or
tombstones. And by striking out the words 'one year' and
inserting the words 'six months' between the words 'within'
and 'after,' in the twenty-third line, and by striking out the
words 'one year' and inserting the words 'six months' be-
tween the words 'of and 'and,' in the twenty-fifth line,
and by striking out the words 'two years,' and inserting the
words 'one year' at the beginning of the twenty-sixth line
and before the word 'after,' in said line of said section."
This bill adds an amendment to the administration
laws enacted by this General Assembly, which have already
received my approval, by addition thereto of the following
provision: "If no suitable monument or tombstone is
erected at the grave of deceased by his or her heirs or other
persons on or before six months after the granting of the
GOVERNOR HERBERT SPENCER HADLEY 165
first letters on the estate, then the executor or administrator
under an order of the court first made therein, fixing the
maximum amount of the cost and expense, may acquire
and erect such monument or tombstone at a reasonable cost
and expense, according to the station in life of deceased
and the conditions of his estate, and the amount of such
cost and expense shall be allowed by the court, and placed
in the seventh class of demands against the estate," etc.
I am not impressed with the public necessity of this
change in the law relating to the administration of estates.
So far as I am advised, there has been no such general
failure upon the part of those who are naturally concerned
with erecting a suitable monument over the grave of one
who has stood in ties of relationship to them, to place the
right of deciding this question with the probate court after
the brief period of six months. Such an enforced observance
of a proper respect for the dead would, in my judgment,
fail to accomplish the purposes for which it was evidently
enacted. If the feeling of respect and regard for the de-
ceased person should not prompt the members of his family
or his heirs to place a suitable monument over his grave, I
am not disposed to believe that a law which seeks to impose
that charge upon the estate by an order of court would
serve in any useful public purpose. Under the law of
administrations as it now stands, the erection of a monument
over the grave of a deceased person can be allowed as one
of the claims against the estate.
The six months period to which the administration of
estates has been properly shortened makes the period within
which this work should be done none too long, particularly
in the winter months, for the erection of such a monument.
For these reasons, I transmit this bill without my ap-
proval.
Very respectfully,
HERBERT S. HADLEY,
Governor.
166 MESSAGES AND PROCLAMATIONS OF
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 13, 1911
From the Journal of the House of Representatives, p. 1433
CITY OF JEFFERSON, April 13, 1911.
To the Secretary of State:
Sir I have the honor to transmit herewith, without my
approval, the following bill, which reached me within ten
days next before the adjournment of the General Assembly:
Senate bill No. 372, entitled
"An act to amend section 7023 of chapter 61, article 6
of the Revised Statutes of Missouri of 1909."
This bill amends section 7023, which permits co-in-
surance on fire insurance policies in cities of 100,000 in-
habitants and over, so as to permit such contracts of co-
insurance in cities of 25,000 inhabitants and over.
The purpose of this bill is to prevent the co-insurance
clause from being attached to policies issued in cities con-
taining 25,000 inhabitants or over, in order presumably
that reduced premium rates may thereby be secured. I
am entirely in accord with the purpose sought to be ac-
complished by this bill, but it is not necessary for me to
approve it in order to give the residents of such cities the
benefits thereof.
Senate bill No. 25, which was passed by this General
Assembly, and which has already received my approval,
provides that there shall be no discrimination in fire in-
surance rates, and, under that bill, if a credit in the way of
a reduced rate is conferred upon one city, it must be given
to all. The fire companies, and also those who were in-
strumental in securing the passage of Senate bill No. 25,
contend that on account of the anti-discriminatory clauses
therein and the provisions repealing all acts and parts of
acts in conflict therewith, section 7023, has been repealed
by implication.
GOVERNOR HERBERT SPENCER HADLEY 167
The fire companies have advised the Superintendent of
Insurance that in filing their schedules and rates under the
new rating act (Senate bill No. 25), they will give credits
in the way of reduced premiums throughout the whole
State, where the co-insurance clause is attached. They con-
tend that they cannot under said act, give the insured of one
locality a credit for co-insurance without giving it to all.
Therefore, citizens of all cities and towns who would be
affected by Senate bill No. 372 will, under the operation
of the rating bill, receive the benefits intended to be con-
ferred thereby, whether or not this bill is approved.
For the reasons stated, I transmit this bill without my
approval.
Very respectfully,
HERBERT S. HADLEY,
Governor.
VETO RECORDEDWITH THE SECRETARY OF STATE
APRIL 13, 1911
From the Journal of the House of Representatives, p.
CITY OF JEFFERSON, April 13, 1911.
To the Secretary of State:
Sir I have the honor to transmit herewith, without
my approval, the following bill, which reached me within
ten days next before the adjournment of the General
Assembly:
House bill No. 863, entitled
"An act providing for the payment of thirty per cent
of the total amount of premiums paid at any annual fair or
agricultural society for the exhibit of horticulture, agricul-
ture, poultry, live stock, fancy work, school exhibits and
domestic and mechanical arts, by the State of Missouri,
and appropriating such money."
This bill provides State aid for county fairs througn
an appropriation of $30,000 for this biennial period, the
168 MESSAGES AND PROCLAMATIONS OF
maximum amount of $300 being available for thirty per cent
of the premium list of each county upon proper application
and showing.
While thfe object sought to be accomplished by this bill
is entirely commendable and has my entire approval, yet
in view of the excess of appropriations over the revenues
to approximately one million dollars for this biennial period,
I deem it advisable that this bill should not now become a
law. During the session of the Legislature I repeatedly
called attention to the fact that the revenues of the State,
in accordance with the estimate of the State Auditor, and
from other available sources of information, would not be
sufficient to meet the legitimate and proper demands for the
support of the State departments and State institutions
during this biennial period, and I suggested various means
by which the revenues of the State might be increased with-
out an increase in the general property tax. These recom-
mendations were disregarded, and appropriations to an
amount of approximately $11,000,000, were made, while
the available revenues will not, according to the best in-
formation available, exceed ^9,800,000.
In view of these facts, it is not only inadvisable, but
impracticable, for the State to undertake the commendable
purpose of encouraging and assisting the various county
fairs of the State in providing an adequate and attractive
premium list for exhibitors therein. Until the members of
the legislative department are willing to bear the responsi-
bility incident to providing revenues adequate for the
accomplishment of such purposes as this, the people must
be denied the benefit and assistance which would be thus
secured.
For these reasons I transmit this bill without my
approval.
Very respectfully,
HERBERT S. HADLEY,
Governor.
GOVERNOR HERBERT SPENCER HADLEY 169
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 13, 1911
From the Journal of the House of Representatives, pp.
CITY OF JEFFERSON, April 13, 1911.
To the Secretary of State:
Sir I have the honor to transmit herewith, without
my approval, the following bill, which reached me within
ten days next before the adjournment of the General
Assembly:
House bill No. 864, entitled
"An act to amend section No. 947 of chapter nine,
Revised Statutes of Missouri, 1909, entitled 'Attorneys at
Isfw,' by striking out the word 'three,' in the last line of said
section, and inserting in lieu thereof the word 'one.' "
This bill amends the existing law providing for the
admission of attorneys of other states to the practice of
law in this State without taking the examination required
of residents of this State who seek to enter the ranks of
that profession. The present lav; provides that an attorney
who has been admitted to and has been practicing for three
years in another state may, on motion, be admitted by the
Supreme Court to practice in this State without examination.
If this bill should become a law, it would require that an
applicant for a license to practice in this State should have
practiced in another state for a period of one year.
In 1905, largely through the influence of the lawyers
of this State, a law w r as passed providing for a State Board
of Law 7 Examiners, before w 7 hom should be examined all
applicants for admission to practice law. The purpose of
this law was to raise the standards of the profession, and to
prevent those securing a license to practice who did not
possess the qualifications which common experience has
demonstrated to be necessary and advisable. In many
states of the Union, the requirements for admission to prac-
tice are still notoriously lax, and if after having been en-
170 MESSAGES AND PROCLAMATIONS OF
gaged in the practice of law in such states for only one year
an applicant was admitted to practice in this State upon
motion, there would not only be a discrimination against
the citizens of this State seeking admission to the bar,
but the high standard sought to be established by the
existing statute would be seriously impaired. The exercise
of the discretion which would be necessarily incident to
passing upon the qualification of those who would seek
admission to practice law in this State under the terms of
this bill would oftentimes be a source of embarrassment
and annoyance and require an examination into matters
which ought not to be imposed upon the Supreme Court.
I am strengthened in my conviction that this bill is
an inadvisable piece of legislation by the expressions that
I have received from every lawyer and judge with whom I
have conversed upon this subject, with one exception, and
that the author of the bill.
For these reasons I transmit this bill without my
approval.
Very respectfully,
HERBERT S. HADLEY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 17, 1911
From the Journal of the House of Representatives, pp. 1437-1438
CITY OF JEFFERSON, April 17, 1911.
To the Secretary of State:
Sir I have the honor to transmit herewith, without
my approval, the following bill, which reached me within
ten days next before the adjournment of the General
Assembly :
Committee Substitute for House bill No. 668, entitled
GOVERNOR HERBERT SPENCER HADLEY 171
"An act creating the office of county auditor in certain
counties, fixing his duties, and providing a chief deputy
and deputies and salaries."
This bill applies alone to Jackson county. Its purpose
is to constitute the county clerk of such county ex officio
the county auditor, with power to examine and audit the
accounts of all other county and township officials. While
the necessity of a regular and effective audit of the accounts
of public officials is generally recognized and appreciated,
it is inadvisable to constitute the county clerk the auditor
of the accounts of other county officials, while exempting
his office from the same supervision. Particularly is this
true in view of the fact that there is as much necessity for
the auditing of the accounts of the county clerk as there is
in the case of any other county officials. For that officer
in Jackson county is one of the important financial officers
of the county, and the nature of the business handled
through that office indicates the reasons why it should be
subjected to, and not exempted from, the same examination
and auditing of accounts as are the other officers of the
county.
Under the provisions of the existing statute, the county
court can make such audit of the accounts of any official
through the county accountant that it may deem advisable,
and until the Legislature sees fit to provide for the election
or appointment of a county auditor, whose duties shall
include the auditing of the accounts of all county officials,
I deem it advisable that no change should be made in the
existing law.
This bill increases the salary of the county clerk of
Jackson county a thousand dollars a year, and imposes
additional duties upon him as county auditor, which would
approximate, if not equal, in importance, the duties that
he was elected by the people to perform. It also provides
for the appointment of a deputy and deputies, and, in a
general way, makes the county clerk a general supervisor
of all county officials, to whom they must submit regular
reports of the conduct of their offices. In the creation of
172 MESSAGES AND PROCLAMATIONS OF
such important official duties, it is important that the
people of the county should be permitted to be heard. And
from the expressions of opinion received from the people of
Jackson county, I am strengthened in my conviction as to
the inadvisability of this law.
For these reasons I transmit this bill without my ap-
proval.
Very respectfully,
HERBERT S. HADLEY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 18, 1911
From the Journal of the House of Representatives, pp.
CITY OF JEFFERSON, April 18, 1911.
To the Secretary of State:
Sir I have the honor to transmit herewith, without my
approval, the following bill, which reached me within ten
days next before the adjournment of the General Assembly:
Committee Substitute for House bill No. 234, entitled
"An act to amend sections 2427 and 2428 of chapter
22, article 5 of the Revised Statutes of Missouri, 1909, by
adding to each and both said sections, certain words."
This bill, which amends the garnishment laws of the
State, covers the same subject matter as Senate bills Nos.
144, 209 and 210. In view of the fact that the abuses which
had grown up under the operation of our garnishment laws
are more satisfactory and effectively corrected by these
three Senate bills than by House bill No. 234, there is no
necessity for this bill to become a law.
Very respectfully,
HERBERT S. HADLEY,
Governor.
GOVERNOR HERBERT SPENCER HADLEY 173
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 18, 1911
From the Journal of the House of Representatives, p. 144$
CITY OF JEFFERSON, April 18, 1911.
To the Secretary of State:
Sir I have the honor to transmit herewith, without my
approval, the following bill, which reached me within ten
days next before the adjournment of the General Assembly:
Senate bill No. 39, entitled
"An act to amend section 5510 of article 1 of chapter 41
of the Revised Statutes of Missouri, 1909, relating to the
compensation of supervisors of drainage districts organized
by circuit courts, by striking out certain words and inserting
certain words, with an emergency clause."
This bill is an amendment to section 5510 of the Revised
Statutes of 1909, the purpose of which is to fix the compen-
sation of members of the board of supervisors of drainage
districts organized under the provisions of article 1, chapter
41, Revised Statutes of 1909. It fixes the compensation
of each member of the board at two dollars a day and an
allowance for their expenses. Senate bill No. 348, which
was passed by this General Assembly, and has received my
approval, was prepared by a number of parties interested
in the perfecting of the drainage laws of the State, and
among other things, provides that the compensation of the
supervisors shall be fixed by the land owners interested
in such drainage district at not to exceed five dollars per day
and expenses incurred.
In view of the fact that it has seemed advisable to sign
Senate bill No. 348, on account of other provisions therein,
and as this bill is in conflict with section 5510 of that bill,
the same is transmitted without my approval.
Very respectfully,
HERBER*T S. HADLEY,
Governor.
174 MESSAGES AND PROCLAMATIONS OF
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 18, 1911
From the Journal of the House of Representatives, pp. 1443-1444
CITY OF JEFFERSON, April 18, 1911.
To the Secretary of State:
Sir I have the honor to transmit herewith, without my
approval, the following bill, which reached me within ten
days next before the adjournment of the General Assembly:
Senate bill No. 186, entitled
"An act to amend section 6920 of the Revised Statutes
of Missouri of 1909, relating to investments of accident
and life insurance companies organized under the laws of
this State, with an emergency clause."
This bill covers the same subject-matter as House
bill No. 98, except that it does not permit the loaning of
the capital stock of a life insurance company in excess of
$100,000 on the stock of another life insurance company,
and it permits the investment of the capital stock in excess
of $100,000 in the stock of a company organized under the
laws of the State, provided no such insurance company
shall have power to buy stock in any company in an amount
which will give the company so buying the majority of the
stock of any other Missouri corporation. The reasons
stated in my veto of House bill No. 98 are, in my opinion,
sufficient reasons for vetoing this measure, which is, there-
fore, returned without my approval.
Very respectfully,
HERBERT S. HADLEY,
Governor.
GOVERNOR HERBERT SPENCER HADLEY 175
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 18, 1911
From the Journal of the Houxe of Representatives, pp. 1444-1 44$
PITY OF JEFFERSON, April 18, 1911.
To the Secretary of State:
Sir I have the honor to transmit herewith, without my
approval, the following bill, which reached me within ten
days next before the adjournment of the General Assembly:
Senate bill No. 407, entitled
"An act to repeal sections 10594 and 10595 of the
Revised Statutes of 1909, and to enact in lieu thereof two
new sections, to be known as section 10594 and section
10595, providing for and regulating the levy, collection and
distribution of taxes, poll taxes and licenses in special road
districts."
In response to my request for an opinion as to the ad-
visability of this measure, I received the following com-
munication from Curtis Hill, the State Highway Engineer:
"Senate bill No. 407 would simplify the wording of
those sections now in existence which specify the method
for distribution of road taxes collected within the eight-
mile special district.
"Also, the constitutional amendment of 1908, for the
special 25-cent road levy reads that it is a county road
and bridge fund (see section 10482). Since this amendment
was adopted, a dispute has existed between some of the
county courts and district commissioners as to whether or
not the county or the district was entitled to the funds
derived from this special 25-cents levy. See sections 10594
and 10595, R. S., 1909.
"Section 10594 of this bill makes the special 25-cent
levy a district fund.
"To simplify the wording of these sections is good, but
in my opinion the amendment of 1908 was intended to create
a county road and bridge fund, for which no other provisions
176 MESSAGES AND PRpCLAMATIONS OF
exist, except saloon license and, therefore, none where
saloons do not exist, and the amendment is so worded.
It is necessary for the county to have a fund to assist in
carrying a good road through poorer districts and for bridge
purposes. The cities of a county and special district should
aid in the creation of this fund, and a portion, at least, of
this 25-cent levy should go to the general county road fund.
It is also questionable in my mind if the Legislature can
divert the funds of the 25-cent special levy, under the word-
ing of that amendment (1908), from the general county fund.
If the Legislature can divert these funds and this bill be-
comes a law, it constitutes an argument upon Senator Car-
ter's bill, whereby under which the State, and not the
county, would then virtually provide the general county
road and bridge fund.
"This bill (Senate bill No. 407) again fixes the poll
tax within the eight-mile special district at $2.50, as at
present. This is satisfactory, but should House bill No. 965
become a law, the two will be in conflict."
Mr. Hill's arguments against the advisability of this
bill impress me as furnishing sufficient reasons why it should
not become a law. As I deemed it advisable to approve
House bill No. 965, a conflicting provision as to the amount
of poll taxes would necessitate the veto of this bill in order
to prevent the complications and confusions that would
result therefrom.
The provision of the constitutional amendment of 1908
authorizes a special 25-cent levy for road and bridge pur-
poses, and the construction placed thereon by the General
Assembly of 1909, strongly indicate that Mr. Hill is correct
in his theory that this amendment of the Constitution was
devised for the creation of a county bridge and road fund,
to be expended by the county court for the benefit of the
entire county, and not to be expended by the special road
districts in which such fund was raised.
Very respectfully,
HERBERT S. HADLEY,
Governor.
GOVERNOR HERBERT SPENCER HADLEY 177
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 18, 1911
From the Journal of tfic House of Representatives, pp. ]44$-1448
CITY OF JEFFERSON, April 18. 1911.
To the Secretary of State:
Sir I have the honor to transmit herewith, without my
approval, the following bill, which reached me within ten
days next before the adjournment of the General Assembly:
Senate bill No. 445, entitled
"An act authorizing the issuance of contracts to furnish
robes, funeral supplies and undertaker's services, and fixing
penalties for violation, with an emergency clause."
This bill undertakes to provide a method for making
contracts to furnish robes, funeral supplies and undertaker's
supplies, and also to prohibit the issuance of such contracts
in any other manner than that provided for by this bill.
All that is required by the provisions of this measure of the
person, firm or corporation issuing such contracts is that
they shall make a bond that they will carry out their con-
tracts, which bond shall be approved by the county court of
the county in which such association is located. As there
is no provision in the law requiring the bond to be filed
either with the county court, or any other public officer,
or, for having it renewed from time to time, or for any
supervision of the business for such associations by the
Insurance Department, it is at once apparent that the
safeguards undertaken to be provided for by the bill as to
the carrying out of these contracts are of little or no value.
In view of the fact that there are already two provisions
of the statute under which organizations for the purpose of
issuing such contracts have been licensed to do business
in the State, it would be clearly inadvisable that this bill
should become a law.
178 MESSAGES AND PROCLAMATIONS OF
The objections to this measure are forcibly stated by
the Superintendent of Insurance and the Deputy Superin-
tendent of Insurance, which communications are embodied
herein:
March 27, 1911.
Hon. Herbert S. Hadley, Governor of Missouri, Jefferson
City, Mo.:
Dear Sir I have examined Senate bill No. 445, and
am opposed to legislation of this kind. This act permits
any person or company, upon entering into a bond of $5,000,
to be approved by the county court, to engage in the in-
surance business by furnishing burial robes, funeral supplies
and undertaker's services to the amount of $100.00 to
policyholders. The Insurance Department is vested with no
supervision under the act over associations or persons en-
gaged in such business. The bond referred to does not even
have to be filed anywhere, neither is there any provision
requiring it to be renewed from time to time.
The bill is specially objectionable on account of the
terms of sections 3 and 4. They virtually require every
agent who issues policies to defray funeral expense, to issue
such contracts under the terms of the act under considera-
tion, and take away from the legitimate companies, properly
organized and subject to supervision, the power to issue
such policies. Several corporations have been recently
organized in Missouri to engage in the business covered
by the act. They would be legislated out of existence by
this bill, or required to comply with its provisions, in order
to continue in business.
This bill never showed up in either insurance com-
mittee. I heard of it late in the session, but never read it
until I saw it in your office. I would not oppose legislation
freeing burial associations from some of the stringent
provisions of the insurance laws, but the measure under
discussion does not contemplate that protection of policy-
GOVERNOR HERBERT SPENCER HADLEY 179
holders which should be thrown around this business, and
I cannot see my way clear to endorse it.
Very respectfully,
FRANK BLAKE,
Superintendent.
April 13, 1911.
Hon. Herbert S. Hadley, Governor of Missouri, Jefferson
City, Mo.:
Dear Sir Herewith I hand you memorandum of the
statutory provisions under which burial associations may
incorporate under the present law, if they see fit.
Very respectfully,
M. D. ABER,
Deputy Superintendent.
Memorandum of statutory provisions under which the
burial associations in Jasper and other counties can incorpo-
rate and so conduct their business as to avoid personal lia-
bility:
Under Article III. Section 6851 provides that not less
than seven citizens of the State may procure pro forma
decree of incorporation from a circuit court, after they have
procurred applications for insurance in amount not less
than $100,000, from not less than one hundred persons, and
that $5,000 in cash has been deposited in bank to the credit
of the beneficiary fund of the proposed corporation.
Section 6954 provides for accumulation of an emergency
fund not less than the proceeds of one death assessment on
all policyholders. If accident insurance is added to business
done, they are also required to accumulate a fund equal to
amount of maximum certificate issued.
Section 6961. Fees. Such organizations are required
to pay to the State, for issuing license to do business, $25.00,
and for filing annual statements a like amount. If they
180 MESSAGES AND PROCLAMATIONS OF
employ soliciting agents, they are required to pay an annual
license fee therefor of $2.00 each.
Under this article there is no scale of rates established,
and the organizations have an unlimited power of assess-
ment upon their members.
The Edgerton Association availed itself of this article.
Mr. McComas, the manager thereof, secured the consent
of practically every member of his old association to the
transfer, and has since that time largely increased his mem-
bership. In doing so he took the net yearly term rates of
the actuaries' tables, referred to under article IV hereafter,
and for the purpose of meeting expenses and accumulating
ample reserves, doubled them. As stated, he has held his
old membership and largely increased it. The Joplin people
will not need to adopt the McComas rates, unless they see
fit. They can, if they choose, start with present rates,
and if they find them not sufficient, can later on increase
them, if they reserve the power thereto in their by-laws
and contracts issued.
Under article IV. Sections 6963-4 provide that not
less than seven citizens of the State may sign articles of
association, the outline and provisions of which are set
forth in section 6954. When approved by the Superin-
tendent of Insurance and Attorney-General they are filed
with the Secretary of State, who issues certificate as in case
of other corporations. They may have a capital stock,
whereof 20 per cent must be paid up.
Section 6965 provides that such corporations cannot
be licensed to transact business until it had procured appli-
cations for insurance from not less than two hundred per-
sons, in amount not less than $250,000. They must also
deposit with the Superintendent of Insurance, $5,000.
If the capital stock above referred to is made $25,000,
the 20 per cent required to be paid up will provide the
deposit fund. Invested in farm mortgage it will return an
income sufficient to eliminate, practically, the cost of the
investment.
GOVERNOR HERBERT SPENCER HADLEY
181
Section 6967 provides for minimum rates based on the
yearly term rates of actuaries' mortality tables, increased
by 20 per cent thereof to cover emergencies, which would
make the minimum rates to be charged by such corporation
for ages shown as follows:
These rates, with the 20 per cent additions, would be
as follows for ages stated:
Rate per
Rate per
Ago.
month
year
per $100.
per $100.
20. .
.07
.85
25
075
.90
30
.081
.98
35
.09
1.07
40
.10
1.20
45.... .
12
1.44
50
15
1.80
55
.21
2.50
60 ....
292
3.50
The Burial Association, Miss Knell stated, were
charging a flat rate of 10 cents per month, which, it will be
noted, is the rate for age 40 in above table.
Section 6984. Fees. Same as under article III, except
soliciting agents' licenses, are $1.00.
The associations which now exist in Jasper county, in
which many estimable citizens are interested, have con-
ducted their business for a number of years without any
safeguards other than those which are furnished by the
personal integrity of the parties issuing these contracts.
While it would, in my opinion, be preferable that the per-
sons issuing these contracts should be licensed to do business
under the provisions of the statutes of the State referred
to by Mr. Aber, I feel that there is manifestly no public
necessity that they should be permitted to do business in
the manner provided for by this bill, and the companies
which have incorporated under the laws of this State and
182 MESSAGES AND PROCLAMATIONS OF
are carrying on business under the safeguards provided by
law, should be prohibited from continuing to do so. The
provision of this bill, which makes it unlawful for the com-
panies organized and licensed to do business under the laws
of this State to continue to conduct such business, is a
sufficient reason in and of itself why this bill should be
vetoed.
Very respectfully,
HERBERT S. HADLEY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 18, 1911
From the Journal of the House of Representatives, pp.
CITY OF JEFFERSON, April 18, 1911.
To the Secretary of State:
Sir I have the honor to transmit herewith, without my
approval, the following bill, which reached me within ten
days next before the adjournment of the General Assembly:
Committee substitute for House bill No. 98, entitled
"An act to amend section 6920 of the Revised Statutes
of Missouri of 1909, relating to investments of accident and
life insurance companies, organized under the laws of this
State, with an emergency clause."
This bill permits an insurance company organized under
the laws of this State to use all of its capital stock over
$100,000 in amount in the purchase of or as loans on the
stocks of other life insurance companies. It has been
contrary to the public policy of this State, as evidenced
by the decisions of the courts, for one corporation to exercise
control over the business of any other corporation by the
ownership of a majority of its stock.
GOVERNOR HERBERT SPENCER HADLEY 183
This bill seeks to change this public policy in so far
as life insurance companies are concerned. And it is
frankly stated by those desiring the approval of this bill,
that it is desired in order to enable life insurance companies
doing business in this State to secure the business of other
life insurance companies by purchasing a majority of their
stock. Under the provisions of our law a consolidation of
life insurance companies doing business in this State is per-
mitted under such safeguards as will protect the policy-
holders and the stockholders. And the question presented
by House bill 98, and also by Senate bill 186, which cover
practically the same subject, is as to whether it is advisable
for the State to permit one life insurance company to con-
trol another life insurance company by purchasing or loan-
ing its capital in excess of $100,000 upon the capital stock
of some other life insurance company.
The objections to this measure are forcibly set forth
by Mr. Frank Blake, Superintendent of Insurance, under
date of March 27th:
"I have examined House bill No. 98, and respectfully
request that you veto same. It permits any life insurance
company organized under the laws of Missouri to invest in,
purchase or loan all of its capital stock over $100,000.00,
and over and above its reserves, in the stocks of other life
insurance companies. This bill should be considered along
with Senate bill 186, which is substantially the same.
I opposed these bills before the committees of the House
and Senate. Only one domestic life insurance company is
desirous of having the law enacted. Every other domestic
life company is opposed to it. The ownership of stock by
one corporation, and especially the control of one corpora-
tion by another, is against the spirit of our laws. I am
against the bill, however, for other and more important
reasons. The company which asks for this legislation has
a paid-up capital stock of $620,000.00, all of which is in-
vested in first-class securities and on deposit with this
department in the security box. This company has adver-
tised extensively the amount of this deposit and has obtained
184 MESSAGES AND PROCLAMATIONS OF
a large amount of insurance on the strength of such deposit,
the advertisements stating that the securities are put up
to protect its policyholders.
"If you sign this bill this company may ask to with-
draw $520,000.00 of this $620,000.00 deposit and invest it
in the stocks of other life insurance companies. Under the
existing laws the Insurance Superintendent is required to
examine life insurance companies to determine their financial
standing. It is comparatively easy to examine their securi-
ties when their investments are made in the class and
character of securities as are authorized by section 6920.
If investments are to be made in the stocks of other life
insurance companies, it will be necessary to examine each
company in which stock is held before the financial condition
of the holding company is known. The Missouri laws
relating to investments by life insurance companies are
sound and conservative. If they are adhered to, no policy-
holder can suffer loss. If House bill No. 98 and Senate
bill No. 196 become a law, I do not want to be held re-
sponsible for what may result."
I have been importuned by stockholders of one of the
leading life insurance companies of this State to give to
this bill and Senate bill 186 my approval. But from the
facts stated by Mr. Blake in his letter, and other informa-
tion he has furnished me, I am satisfied that the best inter-
ests of life insurance companies organized under the laws
of this State would be subserved by the veto of this bill,
rather than by permitting it to become a law.
Very respectfully,
HERBERT S. HADLEY,
Governor.
GOVERNOR HERBERT SPENCER HADLEY 185
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 18, 1911
From the Journal of the House of Representatives, p. 1455
CITY OF JEFFERSON, April 18, 1911.
To the Secretary of State:
Sir I have the honor to transmit herewith, without my
approval, the following bill, which reached me within ten
days next before the adjournment of the General Assembly:
House bill No. 724, entitled
"An act to amend section 7008 of article VI of chapter
61 of the Revised Statutes of Missouri for the year 1909,
relating to insurance other than life, by inserting certain
words therein, with an emergency clause."
For the reason that the subject-matter of this bill is
fully covered by Senate bill No. 184, which is somewhat
broader in its provisions than this measure, and as I have
this day signed Senate bill No. 184, there is no useful public
purpose to be accomplished by permitting this bill to be-
come a law. I, therefore, transmit the same without my
approval.
Very respectfully,
HERBERT S. HADLEY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 18, 1911
From the Journal of the House of Representatives, pp. 1455-1457
CITY OF JEFFERSON, April 18, 1911.
To the Secretary of State:
Sir I have the honor to transmit herewith, without my
approval, the following bill, which reached me within ten
days next before the adjournment of the General Assembly:
186 MESSAGES AND PROCLAMATIONS OF
Committee substitute for House bill No. 1101, entitled
"An act to repeal sections 6718 and 6719 of chapter 57,
Revised Statutes of Missouri, 1909, relating to the obtaining
of board and lodging under false pretenses, and to enact
new sections in lieu thereof, relating to the obtaining of
board and lodging under false pretenses, and prescribing
penalties for the violation thereof, and relating to the lien
of an inn, hotel, boarding or eating house keeper for board
and lodging obtained, with an emergency clause."
This bill creates a lien for innkeepers upon the baggage
and property of their guests, and undertakes to make the
neglect or refusal to pay a hotel bill on demand prima facie
evidence of a criminal intent to procure hotel accommoda-
tions with the intent to defraud.
There is no objection to the measure so far as the lien
is concerned, but the provision making the neglect or refusal
to pay on demand for hotel accommodations, prima facie
evidence of a criminal intent is, in my judgment, an extreme,
inadvisable and unconstitutional provision. Under this
law a stranger in a community, who is either unable or has
neglected to pay for a hotel bill, or who did not agree with
the proprietor of the hotel as to the amount due, would be
subject to criminal prosecution therefor. Against the pre-
sumption that this bill would create that from his neglect
or refusal to pay his hotel bill he intended to defraud, he
would be able, in a large majority of cases, to offer only a
statement of his good intentions. The undue advantage
and the possibility of working a hardship, if not a positive
injustice, that this measure would place in the hands of
proprietors of hotels is at once apparent. Under the pro-
visions of our Constitution imprisonment for debt is pro-
hibited. And yet, under the provisons of this bill, one who
had neglected to pay his hotel bill could be prosecuted,
convicted of a criminal offense and subjected to a fine and
imprisonment upon no other evidence than the evidence
that he had failed to pay what the hotel keeper claimed was
due, on demand. It is contended that this does not impose
imprisonment for debt, but imprisonment for fraud. This
GOVERNOR HERBERT SPENCER HADLEY 187
is merely reasoning in a circle. The evidence of the intent
to defraud would consist in the neglect or refusal to pay
upon demand. The Supreme Court of Illinois, and, I under-
stand, also the Supreme Court of Kentucky, has held a
similar law unconstitutional. Under existing statutes one
who obtains hotel accommodations with the intent to de-
fraud, or not to pay therefor at the time he secures them,
can, upon evidence of this fact, be prosecuted and convicted.
While it is true that under the provisions of this law it is
sometimes difficult to convict those guilty of this offense,
yet I believe that more harm than good would result in
the approval of this measure. While unquestionably the
great majority of reputable hotel keepers of the State would
not take advantage of it, there are those who would do so,
and if an effort was made to make it a means of injustice, the
situation in which the traveler would then find himself,
who had, through misfortune or accident, come within the
provisions of this law, would forcibly indicate the inadvisa-
bility of the bill.
I have received many communications from the travel-
ing men of this State who, I am certain, do not wish to see
any injustice done to the hotel keeper, or to avoid paying
any just demands for their hotel accommodations, protest-
ing strongly against this measure. But even in the absence
of this protest, I would regard the bill as a radical and
unwise departure from the established public policy of this
State as provided by the provisions of our Constitution and
existing statutes.
Very respectfully,
HERBERT S. HADLEY,
Governor.
188 MESSAGES AND PROCLAMATIONS OF
VETO RECORDED WITH THE SECRETARY
OF STATE
April 19, 1911
From the Journal of the House of Representatives, pp.
CITY OF JEFFERSON, APRIL 19, 1911.
To the Secretary of State:
Sir I have the honor to transmit, without my approval,
the following bill, which reached me within ten days next
before the adjournment of the General Assembly:
Committee substitute for House bill No. 40, entitled
"An act prohibiting discrimination in charges for
carrying passengers by railroads, and providing for recovery
of penalties and punishment of officers, agents, and employes
of railroads for violation of the provisions of this act, with
an emergency clause."
While I was at first disposed to give this bill my ap-
proval, I have after a very careful consideration and
investigation as to its effect and advisability, reached the
conclusion that it should not become a law. While the
announced purpose of the bill is to prohibit discriminations
in passenger rates, it is claimed that the real purpose sought
to be accomplished is to enforce a reduction in passenger
rates by those roads which are now charging in excess of
2^ cents a mile. If, as a result of my experience and
investigation, I believed that this bill will reduce charges
for passenger service, or effectively prohibit discriminations
in such charges, I would very gladly give it my approval.
But as it is my opinion that this bill would in actual effect
both increase rates and decrease the service that the people
of this State now receive, I feel that I ought not to permit
it to become a law. That such a result would follow is
apparent from the application of the law to existing condi-
tions.
The bill prohibits a railroad company, under severe
penalties, from charging a higher rate per mile between
GOVERNOR HERBERT SPENCER HADLEY 189
any two stations in the State than between any other two
stations in the State. Thus, it prohibits a railroad com-
pany from charging a higher rate per mile for carrying a
passenger 250 miles between competitive points than it
charges for carrying him fifty miles between non-competitive
points, although the conditions under which one passenger
was carried 250 miles and the expense per mile of such trans-
portation might be entirely different. If a railroad with a
long mileage between two towns should install a low rate
between such points to meet the necessary competition of a
shorter line, it would, under this bill, be compelled to apply
the same rate per mile over its entire system, or else dis-
continue such competitive rates and service. To illustrate:
The distance from Kansas City to Carthage over the Mis-
souri Pacific is 150 miles, and the fare is $3.40, which is 2.26
cents per mile. The distance from Kansas City to Carthage
over the Frisco is 184 miles; the rate is of necessity $3.40,
which is 1.84 cents per mile. The distance from Kansas
City to Joplin over the Kansas City Southern is 155 miles;
the fare is $3.40, which is 2.19 cents per mile. The distance
from Kansas City to Joplin over the Frisco is 163 miles;
the fare is $3.40, which is 2.08 cents per mile.
Thus, if this bill should become a law, the Missouri
Pacific would have to establish an open rate over its entire
system of 2.26 cents per mile, or else increase the rate be-
tween Kansas City and Carthage; and the Frisco would
have to increase its charge of 2.08 cents per mile between
Kansas City and Joplin, or else establish the same rate
per mile over its entire system. The passenger rate between
Kansas City and St. Louis is $7.00, which is approximately
2J^ cents a mile for the Wabash, which has the short mileage,
and less than 2 l / cents per mile for the road that has the
long mileage. The rate between these two points would
by all of these roads have to be increased, or else the rate
per mile from Kansas City to St. Louis of each of these
roads would have to be established over the entire system.
The necessary result [would] be to give a monopoly of
190 MESSAGES AND PROCLAMATIONS OF
traffic to the short lines, or a general increase in rates by all
the lines.
Under existing rates it costs the same to go from
Columbia to St. Louis over the M. K. & T. as it does over
the Wabash, which is the short line. But the M. K. & T.
furnishes a sleeping car and special service for the accommo-
dation of those going to and from the State University.
If this bill became a law, the M. K. & T. would have to
increase its rate between St. Louis and Columbia, or else
apply the rate per mile which it now charges, which is
approximately two cents a mile, over its entire system.
The application of such a rate would unquestionably result
in the M. K. & T. abandoning its train service between
Columbia and St. Louis, and would also do away with
competition in rates or in service between all competitive
points in this State.
While one is strongly inclined, in view of the injustice
that has been done to the people of Missouri during the
last two years by the five railroad companies which have
been charging three cents a mile, to sign any measure affect-
ing this situation, yet that natural feeling of resentment
ought not, and should not, carry one to the extent of ap-
proving a bill which would not secure a correction of existing
discriminations and which, in actual effect, would increase
rates instead of lower them, as well as work an injustice to
those roads which during the course of the last two years
have treated the people of Missouri fairly.
Not only would this law do away with competitive
rates and train service between competitive points, but it
would also prohibit the issuance of mileage books and
credential books which are now used so extensively by the
traveling public and particularly by the representatives of
the business houses of the State.
A similar law to this was passed in the State of Iowa
and in practical operation there brought such unsatisfactory
results through a discontinuance of competition between
competitive lines both in service and in rates, that Senator
A. B. Cummins, then Governor of the State, recommended
GOVERNOR HERBERT SPENCER HADLEY 191
to the Legislature that the law be amended so as to permit
competition at competitive points without the railroads
being required to apply the rate thus established over their
entire system.
That there exists an unsatisfactory situation in pas-
senger rates in this State for the last two years is entirely
clear. I recommended to the Legislature two years ago that
it pass a bill in accordance with the provisions of the Consti-
tution prohibiting discrimination in passenger charges by
enacting the law applicable to passenger rates, which had
long been on the statute books in relation to freight rates.
This bill passed the House, but was defeated in the Senate.
Again this year, I recommended the same bill, prohibiting
a railroad company from charging a higher rate per mile
between any two stations than between any other two sta-
tions equally distant. This bill again passed the House,
but again failed to receive the approval of the Senate. This
bill was, in my opinion, not only a constitutional, but also
an advisable measure, and would in practical effect have
accomplished a beneficial result. But while I recommended
and would have been glad to have given my approval to the
bill referred to, the bill now under consideration is a very
different measure. Instead of requiring the railroad com-
pany to charge the same rate per mile for a common service,
it requires the railroad to charge the same rate per mile for
a different and a more expensive service rendered under
dissimilar conditions.
Notwithstanding all these facts, in view of the unsatis-
factbry conditions in the railroad charges in this State, I
might be disposed to place the responsibility for this measure
upon the legislative department trusting that the bill might
do something to relieve existing conditions, were it not for
the fact that I believe the relief sought to be accomplished
by this bill can be secured through another measure, and
that far more satisfactory and effectively.
I have given my approval to Senate bill No. 37, author-
izing the Board of Railroad and Warehouse Commissioners
to classify the railroads of the State and to fix passenger
192 MESSAGES AND PROCLAMATIONS OF
rates thereon. In a letter received by me from Mr. Frank
A. Wightman, a member of the Board of Railroad and
Warehouse Commissioners, requesting me to sign Senate
bill No. 37, and to veto House bill No. 40, he makes the
following statements:
"You have under consideration Senate bill No. 37,
giving to the Board of Railroad and Warehouse Commis-
sioners power to fix passenger rates; and also committee
substitute for House bill No. 40, which prohibits a railroad
from charging more per mile between any two stations than
it charges between any other two stations.
"I wish to ask that you sign Senate bill 37 and veto
House bill 40. I make this request because, in my opinion,
House bill 40 will increase railroad rates in this State in-
stead of decreasing them, and will also work a hardship on
the traveling public.
"I am confident from my experience as a railroad man
and a member of this board for the last six years, that it
will not accomplish the result that it is intended to accom-
plish. It will cause those roads which are now charging 2J^
cents per mile to increase their rates, at least between com-
petitive points, and will not cause those roads which are
charging 3 cents per mile to decrease their rates. The
author of this bill stated before the committee when it was
up for discussion, that his purpose in introducing it was to
compel the roads which were now charging 3 cents per mile
to reduce their charges to 2^ cents per mile, and that if
such roads would put into effect a 2^-cent rate he would
withdraw the bill or ask the Governor to veto it. This
was, as I understand it, the object he sought to accomplish.
I am confident that the bill will not only not accomplish
this result, as I am also confident that this result can be
accomplished if you will approve Senate bill No. 37.
"I am advised by the Attorney-General that under the
provisions of Senate bill No. 37, the board can, pending
the appeal on the two-cent passenger rate law, establish
a 2J^-cent rate, without affecting the appeal in those cases.
I believe that rate would be reasonable and that the Board
GOVERNOR HERBERT SPENCER HADLEY 193
of Railroad and Warehouse Commissioners would, on in-
vestigation, make such an order, and, if effective, it will
accomplish the result sought to be accomplished by House
bill 40, without disturbing conditions; without doing away
with competitive rates, and without injury to those roads,
which, in fairness to the people of Missouri during the course
of the last two years, have been charging 2J^ cents per mile.
I, therefore, request that you sign Senate bill 37, and veto
House bill 40."
I also am informed by the Attorney-General that, in
his judgment, under the provisions of Senate bill No. 37,
the Board of Railroad and Warehouse Commissioners can
establish, pending the appeal from the decisions of Judge
McPherson, a 2J^-cent rate in this State and enforce it
without affecting the dismissal or abandonment of the
appeal in that case now pending in the Supreme Court.
If this is true, it would be a far more satisfactory and
effective method to pursue than to undertake to bring about
automatically through the operation of this law a correction
of the unsatisfactory conditions that now obtain. I have,
therefore, approved Senate bill No. 37, in order that the
Railroad Commissioners can proceed to establish a 2J/-cent
rate, if they deem it advisable so to do. But even* if this
power cannot be exercised under the provisions of Senate
bill No. 37, by the Railroad Board, without affecting the
appeal in the two-cent fare case, I believe the representatives
of the State can secure in these cases, from the United States
Circuit Court, upon a showing that can be made, an order
restraining the five roads that are now charging three cents
a mile from charging in excess of 2J^ cents a mile.
In reaching the conclusion that I should veto House
bill No. 40, I am glad to learn that I am supported by the
opinions of those people throughout this State who have
apparently given this measure careful consideration. I
have not received a request from a single citizen of Missouri,
except the author of this bill, that I should give it my
approval. While, on the other hand, I am in receipt of a
large number of communications from leading commercial
194 MESSAGES AND PROCLAMATIONS OF
organizations of the State and from business and professional
men asking that the bill be not approved, for the reason
that in their opinion it would increase rates instead of de-
creasing them; impair, rather than improve, railroad serv-
ice, and create a condition of confusion and of controversy
which would be inadvisable, particularly at this time.
Various reasons have been urged by the railroads in support
of their contention that this bill is not a constitutional
enactment. If I deemed the measure an advisable one, I
might with propriety leave that question to the courts for
determination. But as such is not the case, I will refer to
such of these reasons as I think are well founded. Under
the Constitution, the Legislature has the power to prohibit
"unjust discrimination." A discrimination to be unjust
must consist in a different charge for a common service.
Thus, under the law, a railroad, as a public highway and a
common carrier, is required to carry one person or his prop-
erty at the same rate as the person or property of another
for the same distance and under the same conditions. But
it has been held by the Supreme Court of the United States
that a railroad is not required to carry a person or his prop-
erty between competitive points at the same rate that it
charges between non-competitive points; that it is not com-
pelled to carry a passenger or property for a short haul
at the same rate per mile that it charges for a long haul.
(Lake Shore Railroad Company v. Smith, 173 U. S. 697;
McGraw v. Missouri Pacific, 132 South Western 1076;
Cone v. Iron Mountain, 133 South Western.)
This bill undertakes to prohibit all differences in
charges, whether just or unjust. Under the decisions of the
Supreme Court of this State and of the United States, such
a limitation has been held unconstitutional. The Consti-
tution, while prohibiting unjust discrimination, specially
permits railroads to issue "excursion and commutation
tickets at special rates." This bill undertakes apparently
to make the same exemption, but the exemption in the bill
is not as broad as the exemption in the Constitution. The
bill permits railroads to make special rates for "round-trip
GOVERNOR HERBERT SPENCER HADLEY 195
excursion tickets and for commutation tickets, good only
on suburban trains." No such limitation is to be found in
the Constitution.
The other objection as to the constitutionality of the
bill which, in my opinion, is well founded, is that the penal-
ties provided are so severe as to amount to an attempt to
coerce the railroads into a compliance with the law without
questioning its validity in court. It gives to any passenger
who is charged a higher rate than authorized by the bill the
right to sue and enforce a penalty of $500 and the costs of
the proceeding; and it makes any officer, agent or employe
violating the law guilty of a misdemeanor, and subject to a
fine, on conviction, of not less than one hundred dollars,
nor more than one thousand dollars, or by imprisonment in
the county jail for not less than six months, or by both such
fine and imprisonment.
In the case of ex parte Young, 209 U. S. 124, similar
penalty provisions were held unconstitutional and the
provisions of this bill will doubtless be construed as affecting
the validity of the entire measure. At all events, if the
penalty clauses were held unconstitutional, they would, of
course, make the measure itself unenforceable, because it
would be a law without a sanction.
In view of these facts, it is my judgment that it would
be far preferable to adopt the method provided for by Senate
bill No. 37, and through an order of the Board of Railroad
and Warehouse Commissioners, or through an appeal again
to the courts, endeavor to correct the present unsatisfactory
conditions in the charges for passenger service in this State,
than to enter upon the doubtful and inadvisable experiment
which I am satisfied would result from an approval of this
measure.
Very respectfully,
HERBERT S. HADLEY,
Governor.
196 MESSAGES AND PROCLAMATIONS OF
VETO RECORDED WITH THE SECRETARY
OF STATE
APKIL 19, 1911
From the Journal of the House of Representatives, pp. 1467-1459
CITY OF JEFFERSON, April 19, 1911.
To the Secretary of State:
Sir I have the honor to transmit herewith, without my
approval, the following bill, which reached me within ten
days next before the adjournment of the General Assembly:
Senate bill No. 60, entitled
"An act to provide for an equal distribution of all
moneys in the good road fund to the various counties and
the city of St. Louis."
This bill creates a new plan for the distribution of the
State road fund, which is derived from the tax upon automo-
biles and the tax upon transactions in futures. Under the
act of 1907, as revised by the Legislature in 1909, this fund
is to be distributed to the counties of the State by giving
to each county, city or special road district therein a sum
equal to one-half of the cost of any permanent road improve-
ments, provided such amount does not exceed the portion
due to such county in accordance with the assessed valuation
of its property as compared with the assessed valuation of
other counties of the State; and provided further, that it
does not exceed three per cent of the amount to this fund
in any one year.
Under the existing law, the plans for road improve-
ments which receive State aid must have the approval of
the State Highway Engineer, and the work must be con-
ducted to his satisfaction. The present law is somewhat
involved, different interpretations having been placed upon
it, and it is my opinion that some more satisfactory and
direct plan for the distribution of the State's road money
will eventually have to be adopted. But I do not consider
it advisable at this time to make a change in the existing
GOVERNOR HERBERT SPENCER HADLEY 197
statute. On account of the limited amount derived from
the tax upon automobiles, and in view of the fact that very
little, if any, money has been received from the stamp tax
on futures, on account of litigation, this law has hardly had
a fair trial. In view of the increase made by the present
Legislature in the State license tax upon automobiles, and
in view of the fact that the constitutionality of the stamp
tax law has been decided in favor of the State, a very con-
siderable sum of money will, during the course of the next
two years, come into this fund. And I am advised that
already extensive plans have been made in various counties
for permanent road improvements under the expectation
that they will receive the assistance provided for by the
existing statute.
There are already on file in the office of the State Audi-
tor claims for $139,000 against this fund for the State's
half of the cost of permanent road improvements completed
in various counties of the State. In House bill No. 1200 a
special appropriation is made out of this fund by sections
25 and 25a for the payment of these claims. These appro-
priations will not receive my approval, and the claims that
may be filed during the course of the next two years will have
to be passed upon and allowed in accordance with the act
of 1909. Otherwise there would be no assurance that the
people of one county would not receive far in excess of the
proportion of State funds allowed under the provisions of
the act of 1909. It is claimed for this bill that as it would
make an equal distribution of this fund among all the
counties of the State which made the 25-cent levy for good
roads authorized by the constitutional amendment of 1907
that it would encourage road building generally throughout
the State and do more good than can be accomplished under
the existing law.
I am not prepared to say, as an abstract proposition,
that the plan provided for by Senate bill No. 60 is not pref-
erable to the plan provided for by the existing law. But I
feel that the present law should be given a fair trial, and
that certain changes should be made in the plans provided
198 MESSAGES AND PROCLAMATIONS OF
for by this bill before the present law should be repealed
and the proposed bill become effective. If the claims now
pending against the State road fund under the act of 1909,
were allowed, there would be such a comparatively small
amount received by the various counties of the State under
this bill that it would accomplish but little or nothing to-
wards the construction of permanent roads. Under the
provisions of this bill it is not necessary that the amount
raised by the county under its 25-cent tax levy should be
expended in permanent road improvements, and there is no
adequate safeguard provided by this bill that the amount
that the counties would receive from this fund would be
expended in permanent road improvements. There is no
supervision provided over the expenditure of this fund by
the State Highway Engineer, and, in fact, the limited
amount that would go to each county would in itself make it
impracticable for any satisfactory and comprehensive perma-
nent improvements to be made.
In 1905 the Legislature distributed the sum of $400,000
that had been received from the National Government
among the various counties of the State as a special road
fund for the building of roads. No State supervision was
provided for to see that this money was wisely and effectively
expended in permanent road improvements. The result
was that in a large majority of cases this money was frittered
away by the various counties in general road work and no
permanent benefit was derived therefrom.
The argument has been made that as this bill embodies
a question of public policy in dealing with the State road
fund, which is in its nature a matter of judgment and
opinion, that I should not undertake to set up my judgment
against the judgment of the legislative department. This
argument loses much of its force* in view of the fact that this
bill was first defeated in the House and on reconsideration
received only a constitutional majority. It is further weak-
ened by the fact that after the General Assembly had passed
this bill it passed another bill providing for an entirely
different system for distributing the State road fund de-
GOVERNOR HERBERT SPENCER HADLEY 199
rived from the tax on futures among the various counties
of the State. In House bill No. 1200, section 67, it is pro-
vided that the State road fund derived from the taxation
of "futures" shall be distributed among the various counties
of the State in the same manner that the State school
funds are distributed under the provisions of section 7102
of the Revised Statutes of 1909. As this bill was passed
after Senate bill No. 60, it must be regarded as the latest
expression of the legislative intent upon this subject. It
will doubtless come as a surprise to most of the members
of the Legislature to know that they gave their approval,
within the course of a few days, to two different and con-
flicting plans for the distribution of the State road fund.
Yet the fact that they did so decreases materially the re-
gard which, under ordinary circumstances, should be given
by an executive to the acts of the legislative department.
In view of these facts I deem it advisable that this bill
should not now become a law.
Very respectfully,
HERBERT S. HADLEY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 19, 1911
From the Journal of the House of Representatives, pp. 1460-1464
CITY OF JEFFERSON, April 19, 1911.
To the Secretary of State:
Sir I have the honor to transmit herewith, without
my approval, the following bill, which reached me within
ten days next before the adjournment of the General
Assembly:
Senate bill No. 297, entitled
"An act to amend section 11607, chapter 117, article 13
of the Revised Statutes of Missouri (1909) by striking out
200 MESSAGES AND PROCLAMATIONS OF
the words 'one and one-quarter dollars,' in line 23 of said
section, and insert in lieu thereof the words 'four dollars/ "
It is with regret that I return this bill without my
approval. My reason for doing so is that the good faith of
the State in the carrying out of an agreement that Senator
Oliver, the author of the bill, writes me that he made in
reference to it, makes it necessary for me to do so. I feel
that the tax upon the gross earnings of express companies
should be increased in this State, and, while it is apparent
that the tax of four per cent upon gross earnings is too high,
I would be disposed to leave that question to the courts,
if the question of good faith of the State, through its repre-
sentatives in the Legislature, was not involved in the con-
sideration of this measure.
This bill was introduced in the Senate by Senator
Oliver of Pemiscot county, and was copied from the Kansas
law, which provides for a tax of four per cent upon the
earnings of express companies. But the provision of the
Kansas law providing that the tax shall be levied upon that
portion of the earnings of express companies which remain
after deducting the amount paid by the express companies
to the railroads was not incorporated in this bill. As the
amount of revenue of express companies which is paid by
them to the railroads amounts to approximately fifty per
cent, the tax levied under the Kansas law was accordingly
two per cent instead of four per cent. And no state, so far
as my information goes, has as yet imposed a tax to exceed
two and one-half per cent on the gross earnings of express
companies. On these facts being called to the attention
of Senator Oliver by Mr. James L. Minnis, the attorney of
the Pacific Express Company, Senator Oliver agreed to
have the bill, which had by that time passed the Senate,
amended in the House, and assured Mr. Minnis that it
would not be necessary for him to pay any further attention
to the matter, as the amendment would be adopted as a
matter of course. Relying upon this assurance from Senator
Oliver, Mr. Minnis made no further effort to bring about the
amendment of this bill in the House, which passed the bill
GOVERNOR HERBERT SPENCER HADLEY 201
as it was passed by the Senate without any amendment
being adopted. The record seems to show that Mr. Sim-
mons, who had agreed with Senator Oliver to introduce the
amendment, never offered it, although I am advised by
Senator Oliver that Mr. Simmons stated to him that the
amendment was offered and defeated. My information
in reference to this matter is contained in communications
received by me from Mr. Minnis and Senator Oliver. In a
letter under date of March 29, Mr. Minnis writes:
"The bill, as originally introduced by Senator Oliver,
in substance provided that the tax of one one-fourth per
cent of the gross earnings of express companies exacted by
section 116C7, Revised Statutes, 1909, should be increased
to five per cent. The bill was amended in the Senate com-
mittee by making the tax four per cent in lieu of five per cent.
"I was advised that Senator Oliver's object was to
increase the tax on gross receipts of express companies in
this State up to the level of the tax imposed by the law of
Kansas. The law of Kansas defines the gross earnings of
express companies as being the total amount received by
them less the amount paid the railroad companies for trans-
portation, and provides that the gross receipts, as thus
defined, shall be taxed four per cent. Senator Oliver's
bill provides that the express companies shall pay four per
cent of the gross amount they receive, but does not pro-
vide for deducting the amount paid railroad companies
for transportation, which, on an average, amounts, in this
State, to fifty-five per cent of the gross leceipts of the
companies. In other words, Senator Oliver's bill proposed
to tax the gross receipts of express companies, less the
amount paid railroad companies for transportation, more
than eight per cent, instead of four per cent, as provided
by the Kansas law.
"It occurred to me that Senator Oliver was acting under
a misapprehension, and I sought an interview with him,
but owing to his press of business I was disappointed from
time to time until Thursday, March 16, when I showed
him the Kansas law. Mr. Oliver frankly stated to me that
202 MESSAGES AND PROCLAMATIONS OF
he had made a mistake, and that he would have the bill
amended in the House. I then presented to him informa-
tion bearing upon the subject, and he asked me if I would
advise the express companies to pay two and one-half
per cent, provided the bill was amended by inserting two
and one-half instead of four per cent. After some argument
pro and con, I told him I would advise the companies to pay
two and one-half per cent if the bill was amended as he had
suggested. He thereupon stated to me that he would have
the bill amended in the House by striking out four per cent
and inserting two and one-half in lieu thereof.
"I had talked with Speaker Barker and other members
of the House on this subject, and had been assured by them
that, if the bill contained an error, they would see that it
was corrected by amendment. I told Senator Oliver this,
and suggested to him that I would ask these parties to assist
him in having the bill amended in the House. He stated
to me that their assistance would be unnecessary; that he
would have no difficulty whatever in having the bill
amended; that he would have Mr. Simmons, chairman of
the House Committee on Private Corporations and Demo-
cratic floor leader of the House, offer the amendment with
the statement that the amendment was suggested by the
author of the bill; and he assured me that the amendment
would be adopted without division and as a matter of form
in accordance with the custom of the House in such cases.
"Relying upon Senator Oliver's promise, I stated to
Speaker Barker and others the conversation I had had with
Senator Oliver, and they stated to me that Senator Oliver
would carry out his promise and would have no difficulty
whatever in having the bill amended, and that it would
not be necessary for them to give the matter any attention
whatever. I thereupon left the capital.
"\\hen the bill was reached in the House, no amend-
ment was offered, but the bill was passed.
"I am attaching hereto an original letter I have received
from Senator Oliver wherein, you will note, he confirms
what I have said, and authorizes me to exhibit the letter
GOVERNOR HERBERT SPENCER HADLEY 203
to you. You will note from the letter that Senator Oliver
is under the impression that an amendment was offered in
the House and defeated; but I examined the records of the
House, which disclose that no amendment was offered.
"In addition to the fact that the record discloses no
amendment was offered, I have been informed by Mr. A. S.
Johnston, whom I employed to forward me bills and to
arrange for hearings before committees and to keep me
posted, that Mr. Simmons stated to him that Senator Oliver
had delivered to him the amendment, and that he had
agreed to have the bill amended upon its passing in the
House, but when the bill was reached, if it had been amended,
it could not have been returned to the Senate in time to
have passed that body; that he had no time to consult
Senator Oliver, and for that reason did not offer the amend-
ment."
Under date of March 25, 1911, Senator Oliver wrote
Mr. Minnis as follows:
u l have just returned from Jefferson City, and I am
taking this opportunity to write you further with reference
to Senate bill No. 297, increasing the tax on express com-
panies.
"I prepared and sent to Mr. Simmons, who handled
the bill in the House, the amendment agreed upon by you
and I, fixing the rate at two and one-half per cent, and told
him to say in offering the amendment that it was at my
suggestion, and that it was with the approval of the author
of the bill.
"Some hours later Simmons wrote me a note while I
was attending a session of the Senate, saying that he had
offered the amendment, but that the House would not
adopt it, and that the bill passed as it came from the Senate.
I do not know where the opposition came to the amend-
ment, but I do not want you to feel that I violated my
agreement with you, and I am willing that you may show
this letter to Governor Hadley, or I am willing to write
him saying what our agreement was, and that if after going
into the matter he believes that the rate is too high, I am
204 MESSAGES AND PROCLAMATIONS OF
perfectly willing that he veto the bill, and will not raise one
single objection to it.
"After going into this matter with you, I was led to
believe that four per cent was too high, and therefore con-
sented to the amendment. Had I been able to have gotten
away from the Senate, I should have seen those who op-
posed the amendment when it was offered, and would have
so explained my views. I anticipated no trouble in the
adoption of the amendment, after Mr. Simmons, who was
chairman of the Private Corporation, explained the purpose
of it, and after stating that I had prepared and requested
him to offer it, which T did.
"While I, of course, did not and could not control the
vote of the House members on the amendment, it is always
customary that the author's desires be regarded, especially
by those who are friendly to the bill. If those who were in
favor of an increase in the rate were sincere in their motives,
they should have adopted the views expressed in the Sim-
mons amendment. I was told later, by some of the House
members, that they did not want to amend it at the last
hour, because they thought it would result in the bill being
killed, but I personally was willing to take chances on this,
and I am now, and yet ready and willing to state to the
Governor, the agreement we had, and my purpose in having
the amendment offered."
These facts, which are not disputed, show that the bil
involved a mistake which the author promised and designec
to correct, but was prevented from doing so by Mr. Sim-
mons, who failed to offer the amendment. In a letter fron
Senator Oliver to Mr. Minnis, under date of March 25, h<
says: "I presented and sent to Mr. Simmons, who handlec
the bill in the House, the amendment agreed upon." Am
in a letter to me, under date of March 25, Senator Olive
says: "I agreed with Mr. Minnis that I would prepare ai
amendment, and ask Mr. Simmons to offer it doubling th
present rate and fixing it at two and one-half per cent 01
the gross earnings. This I did, and Simmons told me h
offered it, but that the House would not adopt it. I kep
GOVERNOR HERBERT SPENCER HADI EY 205
my agreement with Mr. Minnis, and never thought once
that the amendment would fail to pass."
While the State is sadly in need of revenue, and while
the tax upon express companies should be increased from the
rate now fixed by law in this State, namely, one and one-
fourth per cent, I feel that fair dealing on the part of the
State re quires that the bill should be vetoed.
The bill as originally introduced was evidently based
upon a misconception of the provisions of the law of a
neighboring state, as was admitted by the author of the bill,
who endeavored to correct it. Whether or not Mr. Simmons,
who had charge of the bill in the House, did or did not
introduce the amendment, and from the facts presented it
appears that he did not, the representative of the express
companies who would otherwise have made active efforts
to present before the committee of the House his side of the
matter, had a right, according to a well-established custom
of legislative bodies, to rely upon the assurance of Senator
Oliver that the bill would be amended.
During this session of the Legislature the public service
corporations of the State did not, for the first time in many
years, have a lobby to represent them at the State capital.
There were general expressions of approval by the people
of the State that the old practice of maintaining a lobby to
influence legislation had been abandoned, for the reason
that the practice had resulted in many scandals and much
injustice in General Assemblies in the past. If the practice
adopted by the public service corporations is to continue
in this State, there must, of necessity, be absolute good
faith on the part of the representatives of the people in
the Legislature, as on the part of the representatives of the
corporations who appear before the committees of the
Legislature.
Senator Oliver was the Democratic floor leader in the
Senate, and Mr. Simmons was the Democratic floor leader
in the House. Such an assurance as was relied upon in this
case, coming from these men, would, in accordance with a
206 MESSAGES AND PROCLAMATIONS OF
well-established practice, be as reliable as any assurance
could be, coming from representatives of the State.
In view, therefore, of this regrettable misunderstand-
ing, which has resulted in the passage of this bill in a form
which was not intended by the author, and which was in
violation of an agreement which he made with the repre-
sentative of the interests affected, I return the bill without
my approval.
Very respectfully,
HERBERT S. HADLEY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 19, 1911
From the Journal of the House of Representatives, pp. 14G4-1465
CITY OF JEFFERSON, April 19, 1911.
To the Secretary of State:
Sir I have the honor to transmit herewith, without
my approval, the following bill, which reached me within
ten days next before the adjournment of the General
Assembly :
House bill No. 695, entitled
"An act to repeal section 3039 of article 1, chapter 33,
Revised Statutes of Missouri, 1909, and to enact a new
section in lieu thereof."
This bill amends section 3039, R. S. 1909, which
provides the manner in which foreign corporations may be
admitted to do business in this State, and was enacted as
one of a series of bills making more strict the requirements
incident to corporations, both domestic and foreign, being
admitted to do business in Missouri. While many of the
additional provisions contained in this bill are salutary,
I am advised by Mr. J. W. Walsh, the corporation clerk in
the office of the Secretary of State who passes upon the
GOVERNOR HERBERT SPENCER HADLEY 207
applications for charters of domestic corporations, and the
applications of foreign corporations to be admitted to do
business in the State, that in a large majority of cases it
would be difficult, if not impossible, for foreign corporations
to be admitted to do business in this State at all under the
provisions of this act. As it is not the policy of this State
to place extreme or unreasonable conditions upon business
corporations seeking the right to do business here, I feel
that no useful public purpose will be subserved by permitting
this bill to become a law. Particularly is this true in view
of the requirements now imposed upon foreign corporations
seeking admission here by section 3039, and also by the
provisions of section 3343, which provides that "in order
to procure such license (that is, license to do business in
this State by a foreign corporation), it shall be necessary
for the corporation applying therefor to file with the Secre-
tary of State a copy of its articles of association and charter
granted by the State or territory under which it is organized.
And if it shall appear that such company or corporation
could not organize under the laws of this State, license shall
be refused."
Consequently, under the provisions of this section, the
same requirements as to the organization of corporations
are imposed upon foreign corporations as upon domestic
corporations. This I regard as a sufficient safeguard for
the protection of the interests of the people of this State.
Very respectfully,
HERBERT S. HADLEY,
Governor.
208 MESSAGES AND PROCLAMATIONS OF
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 19, 1911
From the Journal of the House of Representatives, p.
CITY OF JEFFERSON, April 19, 1911.
To the Secretary of State:
Sir I have the honor to transmit herewith, without
my approval, the following bill, which reached me within
ten days next before the adjournment of the General
Assembly:
House bill No. 701, entitled
"An act to amend section 10340 of chapter 99, Revised
Statutes of Missouri of 1909, concerning public printing,
by adding certain words thereto."
The object sought to be accomplished by this bill is
to place the control of the printing of the Insurance Depart-
ment, the Courts of Appeal, the Penitentiary and Lincoln
Institute, under the jurisdiction of the State Printing Com-
mission. A similar measure was vetoed by Governor Folk
in 1907, and the Supreme Court decided that, in State ex
rel. Democrat Printing Company v. Vandiver, it was the
intention of the Legislature in creating the Insurance Depart-
ment and providing laws for its conduct that the printing
for that department should be done under the direction
of the Superintendent of Insurance. I am informed by the
Superintendent of Insurance that it is, in his opinion,
advisable that the printing for his department should be
done under his direction, and as he has requested that this
right which has been enjoyed by his predecessors be not
now disturbed, I feel that this bill should not receive my
approval.
My attention has been called to no abuses in the con-
tracts for State printing for the Courts of Appeal or for the
other institutions affected under the law as it now stands.
And while, theoretically, it might seem advisable that all
GOVERNOR HERBERT SPENCER HADLEY 209
State printing should be done under the direction of one
commission, and under the provisions of one contract, I
do not feel that the facts presented warrant me in approv-
ing a bill which would make such change, particularly
when it is objected to by the officials most directly interested.
Very respectfully,
HERBERT S. HADLEY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 19, 1911
From the Journal of the House of Representatives, pp. 1 1+66-1^71
CITY OF JEFFERSON, April 19, 1911.
To the Secretary of State:
Sir I have the honor to transmit to you herewith
House bill No. 1200, with my approval endorsed thereon,
except as to the following items, to which I object, and
which I return without my approval, for the following
reasons:
I object to, and return, without my approval, the item
contained in section 11 of said appropriation bill, in the sum
of $14,500, for the "pay of laborers and helpers at the
State capitol and State power house, including day and
night watchman, two firemen, two engineers and five
helpers." In 1907 the 44th General Assembly appropriated
the sum of $18, SCO as a general contingent fund for the
purchase of lights, water and fuel for the buildings located
at the permanent seat of government, for the improvement
of the capitol grounds, and for the payment of the wages
of the laborers and helpers at the State capitol and State
power house. In 1909, for the care and maintenance of
exactly the same plant, the 45th General Assembly appro-
priated $26,OOC. And this year the General Assembly
increased this appropriation to $35,500. In 1907 and 1908
210 MESSAGES AND PROCLAMATIONS OF
there were five men regularly employed in this work and
three additional during the winter months in the operation
of the heating plant. This bill authorizes the employment
of eleven men for exactly the same service, except that the
destruction of the State capitol decreases considerably the
amount of work that has heretofore been required of this
force. Practically all the work of caring for the buildings
and offices now occupied by the executive officers is done
by janitors specially employed for such offices and paid out
of their contingent funds. In view of these facts, I feel
that all proper expenses for the care and maintenance of
the permanent seat of government, including wages of the
employes for this purpose, can be paid out of the appro-
priation of $21,000, available for that purpose, as provided
for in sections 12 and 13 of this bill, which is $2,500 in ex-
cess of the appropriation for the same purpose in 1907 and
1908.
I object to, and return, without my approval, the item
contained in section 25 of said appropriation bill, appropriat-
ing the sum of $49,911.92 "to meet the claims which were
filed in the State Auditor's office during the years 1907
and 1908, in compliance with an act of the Forty- fourth
General Assembly, approved March 30, 1907."
The reasons for my disapproval of this section are as
follows: The act of the 44th General Assembly, approved
March 30, 1909, referred to in this section, provided that the
money in the State road fund should be distributed among
the various counties of the State by giving to each county,
special road district or city therein, an amount equal to
one-half of the cost of permanent road improvements,
provided that the amount received by any county should
not exceed its proportion of said fund determined by the
assessed valuation of its property, and provided further, that
it should not exceed five per cent of the entire sum. This
act of the 44th General Assembly was re-enacted as a
revised law by the 45th General Assembly, with a decrease
in the amount to be received by any county from five to
three per cent. I am advised that many of the claims
GOVERNOR HERBERT SPENCER HADLEY 211
filed by the various counties, road districts and municipalities
in the office of the State Auditor, for which this appropria-
tion is made, exceed three per cent of the amount of said
sum available for payment this year, or in any of the previous
years, since this fund has been in existence. Consequently,
this appropriation is in conflict with the provisions of the
law which it seeks to make effective. If the act of 1907,
which was re-enacted in 1909, providing State aid for the
various counties, cities and special road districts in the
construction of permanent roads, is to be of value in the
accomplishment of that result, it must be enforced in
such a way that this aid will be general. If special appro-
priations in violation of the provisions of the act itself
are to be made, then the act is rendered null and void, and
the assistance sought to be secured by the various counties
in the State under this law is, of course, rendered impossible.
It is also my opinion that such appropriations as are pro-
vided for by this section, are unconstitutional, because in
conflict with article IV, section 46 of the Constitution,
which prohibits the State Legislature from making any
"grant of public money or thing of value to any individual,
municipal or other corporation whatsoever." If the Legis-
lature is to be permitted to make such special appropria-
tions for the assistance of the various municipalities and road
districts of the various counties of the State in carrying on
public works, this advisable provision of the Constitution
will no longer obtain as a safeguard for the expenditure of
public funds.
These claims can, in my opinion, be allowed and paid
under the provisions of the act of 1907, as revised in 1909,
and under the provisions of an appropriation as made by
section 69 of this bill. Under the provisions of these acts,
each county, city or special road district which has presented
claims for its proportionate allowance from the State can
receive its proportionate share of this fund under the pro-
visions of the act of 1909.
I object to, and return, without my approval, the item
of said appropriation bill contained in section 25a, appro-
212 MESSAGES AND PROCLAMATIONS OF
priating the sum of $96,333.17, "to meet the claims in the
State Auditor's office in compliance with an act of the
Forty-fourth General Assembly, approved March 30, 1907,"
for the same reasons stated in my veto of section 25 of this
bill.
I object to, and return, without my approval, the item
contained in said appropriation bill, appropriating out of
the "road fund" arising from the sale of stamps by the
State Auditor, under the provisions of an act of the 44th
General Assembly, the sum of $500,000, to be distributed
and apportioned among the various counties of the State
and the city of St. Louis, upon the same basis as the school
funds are now distributed under the provisions of section
7102, R. S. Mo., 1909. The reasons for my disapproval of
this item are as follows: Under the act of the 44th General
Assembly, approved March 7, 1909, there was levied a tax
upon transactions in futures which should constitute a
good roads fund, and it was provided in said act that the
fund thus created should be distributed among the various
counties of the State in the same manner in which the State
school funds are distributed. The same Legislature passed
a general act creating a general State road fund, which
should consist of "all moneys accruing to the State from
any general or special levy of taxes for road purposes, or
from any other source whatever, or derived in any way for
the improvement or construction of public roads." This
was approved upon the 30th of March, 1907, and was
afterwards re-enacted as a revised law in 1909. It is my
opinion that under the provisions of the act of 1909, pages
768-9-70, Session Acts, 1909, the moneys derived from the
sale of stamps to be placed upon all transactions in futures
should go, as does the fund derived from the tax upon
automobile licenses, into the "general State road fund," and
said fund shall be distributed as provided for in said act of
1909.
If I am correct in my opinion in this matter, this act
undertakes to repeal the provisions of the act of 1909, to
which it in no way refers, and which is not mentioned in the
GOVERNOR HERBERT SPENCER HADLEY 213
title of this bill. That such was not the intention of the
members of the Legislature is further evidenced by the fact
that the bill providing for another and different method of
distributing the "general State road fund" was provided
for by Senate bill No. 60, which was passed at the same
time that this bill received legislative approval. I think it
advisable that the fund derived from the tax upon the
licenses of automobiles and the sale of stamps, and a tax
upon future transactions, should go into and constitute the
"general State road fund" under the provisions of the act of
1909, and that said fund should be apportioned among the
various counties of the State, the city and special road dis-
tricts therein, as provided for in the act.
I object to, and return without my approval, the item
of said appropriation bill contained in section 82, appropriat-
ing the sum of $5,000 "to be set apart and known as the
'wolf bounty fund,' for the payment of bounties on wolf
scalps for the year 1907, and subsequent years." I am
not impressed with the public necessity or advisability of
the State paying a bounty upon wolf scalps. I do not deem
this method effective for ridding the State of wolves or of
rendering it more attractive as a place in which to live. If
the Legislature would make adequate provisions for bringing
to the attention of the people of other states the undeveloped
resources and opportunities for making investments and
for building homes in this State, there would be no necessity
for an appropriation for the bounty upon wolf scalps; for
the best way to get the wolves out, in my judgment, is to
bring the people in. In fact, the existence of such a bounty
might encourage the industry of raising wolves for the
purpose of receiving bounties. The last appropriation for
this purpose was made in 1907, and a larger portion of this
appropriation was paid to people living in Jackson county
than to any other county in the State. As I am personally
familiar with the conditions existing in that county, I am
satisfied that its people do not desire any further State
assistance to encourage the destruction of wolves. That
work is being effectively accomplished through the rapid
214 MESSAGES AND PROCLAMATIONS OF
increase of population therein. This item, therefore, has
my disapproval.
I object to, and return, without my approval, the item of
said appropriation bill contained in section 83, appropriat-
ing the sum of $522.00 "for the relief of John H. Murphy for
services as clerk of the St. Louis Court of Appeals, for loss
of salary caused by an act of the General Assembly at its
last session, which put the office on a salary basis." The
reasons for my disapproval of this item, are as follows:
This claim for loss of salary is occasioned by the fact that
the clerk of the St. Louis Court of Appeals received fees
of that office instead of the salary provided by law from the
time that the act of the 45th General Assembly, placing this
office on a salary basis, went into effect, until October 1,
1909. As there was, in my opinion, no justification for
such a construction being placed upon this act, and a.s my
information is that through the receipt of fees during this
period and the receipt of salary thereafter, there was given
to that official a larger amount of money than he would
have received had the act fixing his salary been complied
with from the time it really became effective, I do not feel
that he should receive this additional compensation from
the State.
I object to, and return without my approval, the item
of said appropriation bill contained in section 84s, appro-
priating the sum of five thousand dollars for the purpose of
paying the salary and traveling expense of an inspector of
safety appliances. In view of the fact that the bill creating
the inspector of safety appliances failed to receive the
approval of the Legislature, there is no necessity for this
appropriation.
In returning House bill No. 1200, with my approval,
except such items as I have specially disapproved, there are
certain statements with reference to other items of this
bill that I wish to make a matter of public record.
In section 62 of the appropriations for the support of
the office of the Game and Fish Commissioner, there is a
proviso, as follows: "Provided, that none of the money
GOVERNOR HERBERT SPENCER HADLEY 215
herein appropriated in this section shall be available or paid
so long as the present State Game and Fish Commissioner
remains in this office or is in anywise connected with the
office of State Game and Fish Commissioner, except the
salaries and accounts due at the time of the approval of
this act." In approving this bill I do not wish to be under-
stood as giving my assent or approval to this proviso. I
regard it as unconstitutional, because an unwarranted inter-
ference by the legislative with the executive department.
The act of 1909, creating the office of State Game and Fish
Commissioner, gave to the Governor the right to appoint
that officer without the advice or consent of either branch of
the General Assembly, and he was also given the right to
remove him for cause. If the Legislature is to be permitted
to say who shall not hold that office, it would logically follow
that it would have the right to say who should hold the
office, and it could thus exercise the same power, in effect,
in so far as every State officer is concerned, the conduct of
whose department and the performance of whose duties are
dependent upon an appropriation by the State Legislature.
In the proper division of the powers of government between
the executive, the legislative and the judicial, I am satisfied
that it was not the intention of the framers of the Constitu-
tion to give to one department the right to thus unwar-
rentedly interfere with the powers and the duties of another.
The same reasons apply, in practical effect, to the
provisions of section 10 and section 63, by the provisions of
which an effort is made to compel the State Waterway Com-
mission to appoint one John H. Nolen as special agent of
that commission, and to provide therein his compensation,
and make an appropriation for his printing and other
expenses. This is a converse of the unwarrented legislative
usurpation of authority attempted in section 62. In one
section an attempt is made to legislate a public official out
of office, and in another to legislate one into office. The
proviso in section 66, to the effect that no part of the money
appropriated for the support of the State Board of Pharmacy
"shall be used to pay attorneys' fees," is, also, in my opinion,
216 MESSAGES AND PROCLAMATIONS OF
an unwarranted interference with executive officers. Under
the act of 1909, creating the State Board of Pharmacy,
provision was made for the creation of a fund for the sup-
port of that board, and it was also provided in said act that
the board should have the right to employ attorneys to
assist in the performance of its proper duties. This sec-
tion of this appropriation bill undertakes to amend the act
of 1909. The act of 1909 is not referred to in the title of
this bill, and the purpose sought to be accomplished by this
proviso upon this section is in no way indicated by the title.
Such a method of repealing powers conferred upon executive
boards is not only unconstitutional, but inadvisable and
unfair. If the Legislature, to accomplish a personal or
partisan purpose of any of its members, is to be permitted
to direct the expenditure of public funds in a manner con-
trary to the provisions of the law creating a public office, it
should have the courage to legally amend the law that it
seeks to repeal.
There are included in this bill, particularly in section
84, a large number of special claims for the relief of various
persons, and particularly for the relief of sheriffs, deputy
sheriffs and constables who have gone to other states to
secure the return of fugitives to this State for trial, and
whose claims have not been allowed on account of some
legal defects therein. These items ought not to be in this
bill. The bill is an act to appropriate money for the sup-
port of the State government and the payment of the con-
tingent and incidental expenses of the various State depart-
ments for the years 1911 and 1912. All of these claims,
and a number of others contained in different items, are
deficiency appropriations. They ought to have been in the
deficiency bill, or have been made the subject of special
relief appropriations. Were it not that injustice might be
done to many persons who have just claims against the
State, for which money is thus appropriated, I would dis-
approve of all of these items. I have endeavored to secure
information as to the justice of these various claims, but
as they are not on file in the office of the State Auditor, I
GOVERNOR HERBERT SPENCER HADLEY 217
have not been able to secure satisfactory information, ex-
cept with reference to a few. In view of the fact, how-
ever, that I have been assured by the State Auditor that
he will closely examine each of these claims when it is
presented and allow none except those which are proper and
just charges against the State, I have decided not to dis-
approve of these items, although they are improperly in-
cluded within this bill, and the practice of thus making
appropriations is one which is of doubtful legality and
deserving of criticism.
Very respectfully,
HERBERT S. HADLEY,
Governor.
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 19, 1911
From the Journal of the House of Representatives, pp. lJ^ll-1^12
CITY OF JEFFERSON, April 19, 1911.
To the Secretary of State:
Sir I have the honor to transmit to you herewith
House bill No. 1223, with my approval endorsed thereon,
except as to the following items, to which I object, and
which I return without my approval, for the following
reasons:
I object to, and return without my approval, the item
of said appropriation bill contained in section 13a, appro-
priating the sum of $1,319.28 for the Hugh Stephens Print-
ing Company for discounts "for printing for which the
previous appropriations were insufficient or exhausted."
This appropriation is to pay interest to the Hugh
Stephens Printing Company, which has the contract for
State printing, on account of the delay in the payment of
accounts for State printing done for the various State
departments. This printing was done under the provisions
218 MESSAGES AND PROCLAMATIONS OF
of a contract between the Hugh Stephens Printing Company
and the State Printing Commission, under which the print-
ing company was to be paid an amount therein fixed for such
printing. Under the provisions of our statute, the fiscal
year ends upon the first of January, and from that time
until the appropriations made by the Legislature become
effective, which is usually the latter part of April or the
first of May, many claims cannot be paid. It also often
happens, as in this case, that the amount appropriated for
certain purposes is not sufficient to pay the expense intended
thereby to be provided for. No provision is made by the
contract with this printing company for any interest on
deferred payments, and as the payments from the State, as
well as from the National Government, and political sub-
divisions of the State are usually more or less delayed in
the ordinary conduct of public business, I feel that it would
be establishing an inadvisable, and, possibly a dangerous
precedent to begin the allowance of interest to persons with
claims against the State when not paid promptly on demand.
This printing company has made its present contract after
years of experience in the handling of this public work,
and if a claim for interest on account of deferred payments
was to have been asked for, it should have been provided
for in the contract. If such claim is to be allowed in this
instance, it should, in fairness, be allowed to all firms and
all individuals who do not receive from the State payment
for work done or materials furnished promptly when due.
I object to, and return without my approval, the item
of said appropriation bill contained in section 34, appropriat-
ing the sum of $610.87 for the "John 'OBrien Boiler Works
Company, interest," for the reasons given in my veto of
the item of $1,319.28 for the Hugh Stephens Printing Com-
pany, in section 13a of said appropriation bill.
Very respectfully,
HERBERT S. HADLEY,
Governor.
GOVERNOR HERBERT SPENCER HADLEY 219
VETO RECORDED WITH THE SECRETARY
OF STATE
APRIL 19, 1911
From the Journal of the House of Representatives, pp. 1 472-1 4? 4
CITY OF JEFFERSON, April 19, 1911.
To the Secretary of State:
Sir I have the honor to transmit to you herewith House
bill No. 1224, with my approval endorsed thereon, except
as to the following items, to which I object, and which I
return without my approval, for the following reasons:
In section 2, I object to, and return without my ap-
proval, the following items of said appropriation bill:
St. Louis & San Francisco R. R. Co $131.96
Chicago, Rock Island & Pacific Ry. Co 239.69
Missouri Pacific Ry. Co 1,900.39
Union Pacific Ry . Co 3 , 130 . 88
Missouri, Kansas & Texas Ry. Co 258.46
In answer to a request for an explanation of these
items, under date of April 8, 1911, I received the following
communication from F. M. Rumbold, Adjutant General of
the State:
"Regarding the deficiency bill for $5,661.38 (constitut-
ing these items), the facts in the case are as follows: In
1908 the Governor of Missouri was notified by the War
Department that a certain fixed sum of money had been
assigned to Missouri for the payment of expenses of Mis-
souri troops at the maneuver camp at Fort Riley, Kansas.
At the same time the Secretary of War wrote to Governor
Folk asking him to send as many additional troops, above an
allotted number, as possible, and stated that the expense of
same could be paid from funds allotted to Missouri under
the provisions of section 1661, Revised Statutes, as for-
warded by the Adjutant General, the Comptroller of the
220 MESSAGES AND PROCLAMATIONS OF
Treasury ruled against the War Department, and after the
Legislature had adjourned in 1909, the bills were sent by
the War Department to the State for payment. An attempt
was made by the War Department to have a special bill
passed covering these expenses."
In the absence of a showing that this appropriation will
not be made by the National Congress, I do not feel that
this expense should be paid by the State. It was incurred
by Governor Folk upon the assurance of the War Depart-
ment that it would be paid by the National Government,
and I feel confident that through the efforts of the War
Department and of the railroad companies interested, the
fairness of this claim for allowance by a special act of Con-
gress will result in such a bill being passed. At all events,
I feel that the State ought not to be required to pay it
until some further effort is made in that direction.
In section 8, I object to, and return without my ap-
proval, the following item of said appropriation bill: "For
services of architect in power house, etc., the sum of one
thousand one hundred and ninety dollars ($1,190.00) as
follows: H. H. Hohenschield, $1,190.00."
This appropriation is for payment of a claim of H. H.
Hohenschield for five per cent architect's commission on
"the construction of a power house, tunnel and conduits
and the installation of heating, power and electric light
plant at the State Sanatorium for the Treatment of In-
cipient Tuberculosis." Under the law establishing this
institution it was provided that an architect should be em-
ployed who should receive a salary of not to exceed $200 a
month. Notwithstanding this provision, the board seems
to have entered into some contract with Mr. Hohenschield
for his services as architect for a commission for the cost of
the construction of the institution. The amount of this
commission is a subject of controversy between the members
of the board, Mr. W. L. Gupton of Montgomery county,
secretary of the board, and Mr. Craig, a member of the
last General Assembly, who was one of the original members
of the board, contending that the compensation was not to
GOVERNOR HERBERT SPENCER HADLEY 221
exceed four per cent of the cost of the buildings. Notwith-
standing this controversy between the board, an order was
made in 1909 undertaking to pay this claim out of the sup-
port fund for the institution. This was discovered and
objected to by me, and a portion of the claim, which had
been received by Mr. Hohenschield, was refunded to the
State/ While I do not undertake to say that Mr. Hohen-
schield is not entitled to some compensation for his services
rendered in this regard, yet a five per cent commission for
the services of an architect in superintending the digging of
conduits, the building of a power house and the installation
of the machinery for a heating, power and electric light plant,
impresses me as unreasonably high. And in view of the
excess of appropriations over available revenues, I feel that
a claim which is the subject of controversy among the mem-
bers of the board who had charge of the construction of
this work should await payment until the amount of such
claim can be definitely agreed upon by all the parties in-
terested therein, and until there is a better condition exist-
ing in the State's finances.
Very respectfully,
HERBERT S. HADLEY,
Governor.
222 MESSAGES AND PROCLAMATIONS OF
SPECIAL MESSAGES
TO THE SENATE
JANUARY 11, 1909
From the Journal of the Senate, p. 21
January 11, 1909.
To the Senate:
I have the honor to advise that I have this day, by and
with the consent of the Senate, appointed Frank Blake of
Kansas City to the office of Pardon Attorney to the Gover-
nor, to hold for a term of two years from January 9, 1909.
Respectfully,
HERBERT S. HADLEY,
Governor.
TO THE SENA TE
JANUARY 16, 1909
From the Journal of the Senate, p. 21
January 16, 1909.
To the Senate:
I have the honor to advise that under the authority of
an act of the 44th General Assembly of the State of Mis-
souri, approved March 18, 1907, I have this day, by and
with the advice and consent of the Senate, appointed John
E. Swanger of Milan, Missouri, to the office of Bank Com-
missioner, to hold for a term of four years from January 16,
1909.
Very respectfully,
HERBERT S. HADLEY,
Governor.
GOVERNOR HERBERT SPENCER HADLEY 223
TO THE SENATE
FEBRUARY 1, 1909
From the Journal of the Senate, p. 21
February 1, 1909.
To the President of the Senate:
I wish to call your attention to the fact that upon the
16th day of January I appointed John E. Swanger to the
position of Bank Commissioner, but on account of the fact
that the determination of the question as to who was
elected Lieutenant-Governor has prevented the transaction
of business by the Senate, this appointment could not be
acted upon. Since the 15th of January this State has had
no inspection of State banks, and I, therefore, urge upon
you that you give to this appointment as prompt and as
speedy consideration as is consistent with the business of
the Senate.
Very respectfully,
HERBERT S. HADLEY,
Governor.
TO THE SENA TE
FEBRUARY 3, 1909
From the Journal of the Senate, p. 54
February 3, 1909.
To the Senate:
I have the honor to advise that I have this day, by and
with the consent of the Senate, appointed Doctor E. B.
Clemens of Macon, as a member of the Board of Managers
of State Hospital No. 1, Fulton, for a term ending February
1, 1913, vice Doctor J. C. Nunn.
Respectfully,
HERBERT S. HADLEY,
Governor.
224 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
FEBRUARY 3, 1909
From the Journal of the Senate, p. 64
February 3, 1909.
To the Senate:
I have the honor to advise that I have this day, by and
with the consent of the Senate, appointed Samuel T. Sharp
of Montgomery City as a member of the Board of Managers
of State Hospital No. 1, Fulton, for a term ending February
1, 1913, vice Wm. R. Million.
Respectfully,
HERBERT S. HADLEY,
Governor.
TO THE SENATE
FEBRUARY 3, 1909
From the Journal of the Senate, p. 54
February 3, 1909.
To the Senate:
I have the honor to advise that I have this day, by and
with the consent of the Senate, appointed Robert R. Buckner
of Auxvasse, as a member of the Board of Managers of State
Hospital No. 1, Fulton, for a term ending February 1, 1913,
vice Thos. F. Murry.
Respectfully,
HERBERT S. HADLEY,
Governor.
GOVERNOR HERBERT SPENCER HADLEY 225
TO THE SENATE
FEBRUARY 3, 1909
From the Journal of the Senate, p. 55
February 3, 1909.
To the President of the Senate:
I have the honor to advise that I have this day, by and
with the advice and consent of the Senate, appointed John
C. McKinley of Unionville, as member of the Board of
Regents of the First District Normal School ^i Kirksville,
vice Reuben Barney, to hold for the term of six years from
January 1, 1909.
Respectfully,
HERBERT S. HADLEY,
Governor.
TO THE SENA TE
FEBRUARY 3, 1909
From the Journal of the Senate, p. 55
February 3, 1909.
To the Senate:
I have the honor to advise that I have this day, by and
with the consent of the Senate, appointed Curtis B. Rollins,
as Curator of the State University, for a term ending Jan-
uary 1, 1911, in the place of Walter Williams, who resigned on
July 1, 1908.
Respectfully,
HERBERT S. HADLEY,
Governor.
226 MESSAGES AND PROCLAMATIONS OF
TO THE SENA TE
FEBRUARY 3, 1909
From the Journal of the Senate, p. 55
February 3, 1909.
To the President of the Senate:
I have the honor to advise that I have this day, by and
with the consent of the Senate, appointed Dr. J. A. Water-
man of Breckenridge, Missouri, to the office of Physician at
the penitentiary, to hold for a term ending on the third
Monday in January, 1913.
Respectfully,
HERBERT S. HADLEY,
Governor.
TO THE SENA TE
FEBRUARY 4, 1909
From the Journal of the Senate, p. 78
February 4, 1909.
To the President of the Senate:
I have the honor to advise that I hereby withdraw the
appointment of E. W. Dunavant of Fulton, heretofore
appointed as member of the Board of Managers of the Mis-
souri School for the Deaf, for a term ending February 1,
1911, vice John P. Gordon, resigned.
Respectfully,
HERBERT S. HADLEY,
Governor.
GOVERNOR HERBERT SPENCER HADLEY 227
TO THE SENATE
FEBRUARY 5, 1909
From the Journal of the Senate, p. 73
February 5, 1909.
To the President of the Senate:
I have the honor to advise that I hereby withdraw from
the consideration of the Senate the name of Ernest Marshall
of Windom, St. Louis county, heretofore appointed to the
office of Beer Inspector for the term ending August 31,
1911.
Respectfully,
HERBERT S. HADLEY,
Governor.
TO THE SENA TE
FEBRUARY 6, 1909
From the Journal of the Senate, p. 74
February 6, 1909.
To the Senate:
I have the honor to advise that I have this day, by and
with the consent of the Senate, appointed Henry L. McCune
of Kansas City, as a member of the Board of Charities and
Corrections for a term of six years from January 1, 1909,
vice J. R. Moorehead.
Respectfully,
HERBERT S. HADLEY,
Governor,
MESSAGES AMD FKLHJL.AMA T1UW& UJ:
TO THE SENATE
FEBRUARY 6, 1909
From the Journal of the Senate, p. 74
February 6, 1909.
To the Senate:
I have the honor to advise that I have this day, by and
with the consent of the Senate, appointed Miss Mary E.
Perry of St. Louis, to succeed herself as a member of the
Board of Charities and Corrections, for a term of six years
from January 1, 1909.
Respectfully,
HERBERT S. HADLEY,
Governor.
TO THE SENA TE
FEBRUARY 6, 1909
From the Journal of the Senate, p. 74
February 6, 1909.
To the Senate:
I have the honor to advise that I have this day, by and
with the consent of the Senate, appointed T. L. Rubey of
Lebanon, to succeed himself as a member of the Board of
Regents of the Fourth District Normal School at Spring-
field, for a term of six years from January 1, 1909.
Respectfully,
HERBERT S. HADLEY,
Governor.
GOVERNOR HERBERT SPENCER HADLEY 229
TO THE SENA TE
FEBRUARY 0, 1909
From the Journal of the Senate, p. 74
February 6, 1909.
To the Senate:
I have the honor to advise that I have this day, by and
with the consent of the Senate, appointed E. E. E. Mc-
Jimsey of Springfield, as a member of the Board of Regents
of the Fourth District Normal School at Springfield, for a
term of six years from January 1, 1909, vice A. H. Rogers.
Respectfully,
HERBERT S. HADLEY,
Governor.
TO THE SENATE
FEBRUARY G, 1909
From the Journal of the Senate, p. 7o
February 6, 1909.
To the Senate:
I have the honor to advise that I have this day, by and
with the consent of the Senate, appointed T. S. Mosby of
Jefferson City, as a member of the Board of Regents of
Lincoln Institute, for a term of six years from January 1,
1909, vice D. C. McClung.
Respectfully,
HERBERT S. HADLEY,
Governor.
MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
FEBRUARY 6, 1909
From the Journal of the Senate, p. 76
February 6, 1909.
To the Senate:
I have the honor to advise that I have this day, by and
with the consent of the Senate, appointed Moses Whybark
of Marble Hill, to succeed himself as a member of the Board
of Regents of the Third District Normal School at Cape
Girardeau, for a term of six years from January 1, 1909.
Respectfully,
HERBERT S. HADLEY,
Governor.
TO THE SENA TE
FEBRUARY 9, 1909
From the Journal of the Senate, p. 91
February 9, 1909.
To the President of the Senate:
On February 5th, I withdrew from your consideration
the appointment of Ernest Marshall as Beer Inspector, in
order that I might make an investigation as to the legality
and advisability of his appointment.
I took this action by reason of information that he did
not possess the statutory qualifications for the position; that
he had not furnished a bond, as required by law; that he
had spent considerable time looking after property in
another State, where he had announced his intention to
move as soon as the question of his confirmation was de-
termined. While I am satisfied from my investigation
GOVERNOR HERBERT SPENCER HADLEY 231
that this information was, at least partly true, I am assured
by Mr. Marshall that he has had the actual experience
necessary to enable him to qualify under the statute; that
his absence from the State wafc with the knowledge of the
Governor; that his failure to furnish bond was through the
neglect of a bond company, and not through his own, and
that he does not intend to leave the State.
In view of these assurances, I do not feel that I would
be justified in withdrawing this appointment, or further
withholding the same from the consideration of the Senate.
I, therefore, re-submit it to you for your consideration and
such action as you may think advisable.
Respectfully,
HERBERT S. HADLEY,
Governor.
TO THE SENA TE
FEBRUARY 11, 1909
From the Journal of the Senate, p. 121
February 11, 1909.
To the Senate:
I have the honor to advise that I have this day, by and
with the advice and consent of the Senate, appointed Dr.
E. C. Grim of Kirksville, as member of the Board of Regents
of the First District Normal School at Kirksville, vice G.
A. Goben, to hold for the term of six years from January 1,
1909.
HERBERT S. HADLEY,
Governor.
232 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
FEBBUABY 11, 1909
From the Journal of the Senate, p. 121
February 11, 1909.
To the Senate:
I have the honor to advise that I herewith resubmit
for your consideration the vacation appointment of E. W.
Dunavant of Fulton, as member of the Board of Managers
of the Missouri School for the Deaf, which was withdrawn
by my communication of February 4, 1909.
HERBERT S. HADLEY,
Governor.
TO THE SENA TE
FEBRUARY 11, 1909
From the Journal of the Senate, p.
February 11, 1909.
To the Senate:
I have the honor to advise that I have this day, by and
with the advice and consent of the Senate, appointed J.
J. Newcome of Fulton, as member of the Board of Managers
of the Missouri School for the Deaf at Fulton, vice James
H. Parker, to hold for the term of four years from February
1, 1909.
HERBERT S. HADLEY,
Governor.
GOVERNOR HERBERT SPENCER HADLEY 233
TO THE SENA TE
FEBRUABY 11, 1909
From the Journal of the Senate, p. 122
February 11, 1909.
To the Senate:
I have the honor to advise that I have this day, by and
with the advice and consent of the Senate, appointed F. W.
Niedemeyer of Columbia, as member of the Board of Man-
agers of the Missouri School for the Deaf at Fulton, vice
William K. Kavanaugh, to hold for the term of four years
from February 1, 1909.
HERBERT S. HADLEY,
Governor.
TO THE SENA TE
FEBRUARY 11, 1909
From the Journal of the Senate, p. 122
February 11, 1909.
To the Senate:
I have the honor to advise that I have this day, by and
with the advice and consent of the Senate, appointed Edwin
M. Taubman of Lexington, as member of the Board of
Managers of the Missouri School for the Deaf at Fulton,
vice William R. Painter, to hold for the term of four years
from February 1, 1909.
HERBERT S. HADLEY,
Governor.
234 MESSAGES AND PROCLAMATIONS OF
TO THE SENA TE
FEBRUARY 15, 1909
From the Journal of the Senate, p. 120
February 15, 1909.
To the Senate:
I have the honor to advise that I have this day, by
with the advice and consent of the Senate, appointed Da
W. Hill of Poplar Bluff, as member of the Board of Rege
of the Third District Normal School at Cape Girarde
vice E. P. Caruthers, to hold for a term of six years fr
January 1, 1909.
Respectfully,
HERBERT S. HADLEY,
Governor.
TO THE SENA TE
FEBRUARY 15, 1909
From the Journal of the Senate, p. 121
February 15, 1909.
To the Senate:
I have the honor to advise that I have this day, by a
with the advice and consent of the Senate, appointed Jo
Kennish of Mound City, to the office of Superintendent
the Insurance Department for the term of four years beg
ning March 1, 1909.
HERBERT S. HADLEY,
Governor.
GOVERNOR HERBERT SPENCER HADLEY 235
TO THE SENA TE
FEBRUAEY 15, 1909
From the Journal of the Senate, p. 121
February 15, 1909.
To the Senate:
I have the honor to advise that I have this day, by and
with the consent of the Senate, appointed W. F. Chamberlain
of Hannibal, as member of the Board of Regents of Lincoln
Institute, vice Hugh K. Rea, to hold for a term of six years
from January 1, 1909.
HERBERT S. HADLEY,
Governor.
TO THE SENA TE
FEBRUARY 15, 1909
From the Journal of the Senate, p. 121
February 15, 1909.
To the Senate:
I have the honor to advise that I have this day, by and
with the advice and consent of the Senate, appointed Charles
F. Vogel of St. Louis, as member of the Board of Trustees
of the Federal Soldiers' Home. at St. James, vice H. E.
Warren, to hold for a term of four years from February 1,
1909.
HERBERT S. HADLEY,
Governor.
236 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE AND THE HOUSE OF
REPRESENTA TIVES
FEBRUARY 16, 1909
From the Journal of the Senate, pp. 129-180
To the Senate and House of Representatives of the Forty-
fifth General Assembly of the State of Missouri:
There will come before the General Assembly for
adoption a joint and concurrent resolution for the admis-
sion of the University of Missouri into the rights and
privileges of the " Carnegie Foundation for the Advance-
ment of Teaching."
The Board of Curators of the University of Missouri,
on January 20, 1909, adopted a resolution making applica-
tion to the Trustees of this Fund for the admission of the
University of Missouri into the rights and privileges thereby
provided for. In order that this application may be favor-
ably acted upon by the Trustees of this Fund, it is
necessary that a joint and concurrent resolution should be
adopted by the Legislature, and that said application
should also receive the approval of the Governor.
In order that this matter may be understood by the
members of the General Assembly, I beg to advise you that
the "Carnegie Foundation for the Advancement of Teach-
ing" consists of a fund established by Andrew Carnegie for
the pensioning of teachers in the higher educational in-
stitutions of the country. Through the creation of this
fund its disposition and management have been entirely
withdrawn from the control of the donor. The Board of
Trustees of this Fund is in absolute control, and is at liberty
to adopt whatever policy it pleases. This complete in-
dependence of action is established by the fact that the
"Carnegie Foundation'* is a corporate body, it being the
intention of the donor of the Fund, as well as those in
charge of it, to create a condition so that there can be no
chance for influence by anybody interested therein.
GOVERNOR HERBERT SPENCER HADLEY 237
The membership of the Board of Trustees includes
some of the ablest and leading educators of the country,
such as Eliot of Harvard, Wilson of Princeton and Shurman
of Cornell, and their active interest in this work is an as-
surance that it will be so conducted as to protect the free-
dom and liberty of our educational institutions and dignify
the profession of teaching by increasing the attractiveness
of this profession to men of ambition and ability. The
allowances provided for by this "Foundation" are in the
nature of a pension for teachers who have reached the age of
sixty-five years and have taught in a college or university
for fifteen years which is among the institutions admitted to
participate in this fund. Such teacher, on retiring, re-
ceives a pension for life of $1,000, and $50.00 for every
$100.00 that the salary he is then receiving exceeds $1,200.
If one has taught twenty-five years, he may receive the
benefits of the "Foundation" without reference to his age,
except that the retiring amount in such case is smaller
than in the first case.
The University of Missouri satisfies all the require-
ments for participation in the benefits of this "Foundation"
as soon as its application has received the approval of the
General Assembly and of myself. When that action is
taken, the teachers in this institution become participants
in this fund as a matter of right. When an individual
teacher reaches the necessary age limit and has taught the
required number of years, he automatically becomes a
participant in this "Foundation," but his connection with
the University must then cease. I am advised that a
number of leading State Universities of the country, as
well as a number of the State Universities of contiguous
states, have made application and been accorded the right
to participate in the privileges of the "Foundation," and if
the State of Missouri is not to pursue the same course with
reference to its University, it is at once apparent that we
will be at a great disadvantage in securing strong teachers.
The only other course left open for us would be to provide
pensions for professors in the Missouri State University, or
238 MESSAGES AND PROCLAMATIONS OF
make a considerable increase in their salaries. Either
course would add greatly to the expenses incident to the
conduct of the State University. It, therefore, seems to
me advisable that the application of our State University
to be admitted to participate in the rights and privileges of
this "Foundation Fund" should receive the approval of the
General Assembly.
Respectfully submitted,
HERBERT S. HADLEY,
Governor.
TO THE SENATE AND THE HOUSE OF
REPRESENTA TI VES
FEBRUAKY 1G, 1909
From the Journal of tJie House of Representatives, pp. 197-199
To the Senate and House of Representatives of the Forty-
fifth General Assembly of the State of Missouri:
I transmit herewith for your consideration a report
of the Board of Election Commissioners of the city of St.
Louis, made to my predecessor in office, Joseph W. Folk,
on the 31st day of December, 1908, concerning the election
held in the city of St. Louis on November 3, 1908, and the
registration and revision preceding the same. In this report
the Board of Election Commissioners gives a clear and com-
prehensive account of the work done by the election officials
of the city of St. Louis in connection with the registration
and the general election. The Board also offers a number
of suggestions for amendments to the present election laws,
which are well deserving of your careful consideration.
These recommendations are latgely embodied in a report
made by the Board of Election Commissioners to the Gover-
nor concerning the election held in St. Louis on November
6, 1906, which included a draft of a proposed act providing
for the suggested amendments to the election laws.
GOVERNOR HERBERT SPENCER HADLEY 239
I, therefore, submit both of these reports to you in
order that you may have this information in the consider-
ation of legislation for amendments to the election laws
applicable to the city of St. Louis.
In this connection, I also wish to call your attention to
a recommendation that I made in my inaugural address,
that the election laws for Kansas City and St. Louis be
amended so as to provide for bi-partisan boards instead of
partisan boards. No question can be of greater importance
in a republican form of government than that of honest
elections. For, unless we have honest elections, we do not
have a republican form of government at all. A bi-partisan
board is in itself both an inspiration and a necessity to
fairness. This has been demonstrated to be true in the
work of the General Assembly in the investigation and
determination of the question as to who was elected Lieu-
tenant-Governor. The objection that is sometimes offered
that a bi-partisan board is inadvisable, in that it prevents
prompt and definite decisions being made, has not been
proven to be true in actual experience. The judges and
clerks of elections are now equally divided between the two
leading political parties and the same reasons exist as to
why the Boards of Election Commissioners should be equally
divided between the two political parties.
I also submit to you herewith a report made on the
9th day of February, 1909, by the Board of Election Com-
missioners of the city of St. Louis, in reference to certain
charges of fraudulent registration that were recently made
by the grand jury in the city of St. Louis. From this
report, it is evident that the charges made by the grand
jury that there were six thousand fraudulent names upon
the registration books of the city of St. Louis was an estimate
based upon an examination of the registration list in eleven
out of twenty-eight wards.
In these eleven wards, the grand jury was of the opinion
that it had discovered 1,828 fraudulent names upon the
registration books. As is shown by the report made by the
Election Commissioners, the grand jury was clearly in
240 MESSAGES AND PROCLAMATIONS OF
error in this statement. On a conservative estimate, it is
clear that there cannot be more than three hundred of the
names included in the grand jury list which are fraudulent.
While the manifest inaccuracy of this grand jury report
emphasizes the necessity of care and conservation in the
making of charges as to fraud and dishonesty in connection
with elections, it also demonstrates the truth of the proposi-
tion that there cannot be too close a scrutiny and examina-
tion of all the proceedings incident to the conduct of elec-
tions. A dishonest vote cast in the city of St. Louis is of
as much injury and concern to the people of the entire
State as it is to the people of that municipality. And in
case the members of this General Assembly have reasonable
grounds to believe that the registration lists of the city of
St. Louis are padded, or that the election had not been
fairly conducted in any regard, there would be occasion
for such investigation and legislation as would correct and
prevent a continuation of such abuses.
Following the last general election in the city of St.
Louis, so far as I know, there were no claims made by the
press or representatives of either political party of that
city that there had been any substantial fraud in the conduct
of the election except in the vote for the nomination of
United States Senator. A recount of the ballots in the
city of St. Louis by the Joint Committee of this General
Assembly demonstrated, I think, that the election in St.
Louis was, on the whole, fairly conducted. On the 24th
day of January the terms of the present election commis-
sioners of that city expired. But in view of the fact that a
general municipal election is to be held in the city of St.
Louis in the month of April, and in view of the fact that the
appointments for judges and clerks to fill vacancies have to
be made prior to February 18th, the day fixed by law for
supplemental registration, I had announced my intention
of making no changes in the present Board of Election
Commissioners, although the Board now consists of two
Democrats and one Republican. Some objection has been
offered to my action in this regard by representatives of
GOVERNOR HERBERT SPENCER HADLEY 241
both parties. The principal objection presented has been
that there were fraudulent names upon the registration
lists and that the judges and clerks of election, in certain
precincts, were not members of the political party which
they were appointed to represent. I have already given
you what information I have bearing upon the question as
to whether there are fraudulent names Upon the registration
lists. I have also made an investigation as to whether the
other charges [sic.] in reference to the judges and clerks of elec-
tion is well founded in fact, with the result that I am satisfied
that it is equally lacking in justification. In certain pre-
cincts of what is known as the "River wards," in the city of
St. Louis, it is sometimes difficult to secure reliable and
capable men to serve as judges and clerks of election. While
it is entirely true that the judges and clerks of election
should belong to the political party they are appointed to
represent, it is also true that it is of more importance to
have honest and intelligent men serve in this capacity than
it is to have those whose partisanship is established by the
fact that they have never scratched a ticket.
It is my opinion that the election laws of both Kansas
City and St. Louis should be amended so as to permit the
Board of Election Commissioners to select, under certain
circumstances, the judges and clerks of election who do
not reside in the ward or precinct where they are appointed
to serve. Such an amendment would make much easier
the task of the Board of Election Commissioners in these
cities in securing competent and reliable men to serve as
judges and clerks of election.
In connection with the complaint last referred to, I
herewith submit to you a letter that I have this day sent
to the Board of Election Commissioners of the city of St.
Louis, asking that this matter be carefully investigated.
242 MESSAGES AND PROCLAMATIONS OF
February 16, 1909.
To the Board of Election Commissioners, St. Louis, Mo.:
Dear Sirs As you have doubtless noticed by the news-
papers, I have announced my intention of making no changes
in the present Board of Election Commissioners in the city
of St. Louis until after the April election. I take this action
by reason of the fact that so far as I have been able to learn,
the general election that was conducted in St. Louis under
your direction last November was satisfactory to all parties,
and no substantial complaint of any irregularities therein
has been brought to my attention. It was, therefore, my
opinion that you were, by reason of your knowledge and
experience in these matters, better qualified to fairly and
efficiently conduct the city election to be held in St. Louis
in April than any board that I could now select. Since
announcing my intention in this regard, complaint has been
made to me by representatives of both political parties
that a grand jury report had been made charging that
there were over 6,000 fraudulent names upon the registra-
tion books of the city of St. Louis, and that men had been
appointed as judges and clerks of election to represent one
political party, when, in fact, they belonged to another.
The report that you have submitted to me in reference to
the grand jury charges of fraudulent registration seems to
me to completely answer and discredit the correctness of
the assertion. And I have the assurance of one of your
Representatives that the other charge is equally unfounded.
I wish, however, that you would make a careful investiga-
tion in reference to this matter. A judge or a clerk of elec-
tion appointed as a Democrat, should be a Democrat; a
judge or a clerk of election appointed as a Republican should
be a Republican. Our election machinery is founded upon
the theory that through the representation of both political
parties in equal numbers upon the boards of election, un-
fairness or dishonesty will be prevented and the proper
conduct of the election safeguarded. This provision of the
GOVERNOR HERBERT SPENCER HADLEY 243
law, however, does not mean that only those men should
be selected to represent the two political parties who have
never scratched a ticket. Such a construction of the law
would place a premium upon ignorance and partisanship
and discriminate against the good citizen. I request, how-
ever, that you give this matter further investigation, and
if in any instance, you find that this charge is well founded
in fact, that you make such changes in the personnel of the
judges and clerks of election as will result in a fair and
reasonable compliance with the provisions of the election
laws.
Very truly yours,
HERBERT S. HADLEY,
Governor.
All of this information is submitted to you in view of
the fact that I have been advised that it is the intention of
the Senate to conduct an investigation as to the matters
herein referred to. I am very glad, indeed, to have this
investigation made, if, in the opinioji of the members of
either house of the General Assembly any useful purpose
would be subserved thereby. I have deemed it, however,
my duty to give you all the information in my possession
relating to these matters in order that you can the more
intelligently and fairly determine as to whether any real
justification or occasion exists for the members of the General
Assembly to devote their time to the investigation of these
matters. In case either house of the General Assembly
should deem it advisable to conduct such an investigation,
I will see that all representatives of the executive department
who are responsible in any way to me for the manner in
which they discharge their official duties, give all possible
assistance in such investigation. For, I repeat again what
I have had occasion heretofore to say to the members of
this General Assembly, that an election unfairly or dis-
honestly conducted in any regard is, to my mind, intoler-
able and abhorrent, and I hope to see established during
244 MESSAGES AND PROCLAMATIONS OF
the next four years such a standard of honest efficiency in
the conduct of elections throughout this State that their
results will no longer be open to suspicion.
Respectfully submitted,
HERBERT S. HADLEY,
Governor.
TO THE SENATE AND THE HOUSE OF
REPRESENTA TI VES
FEBRUARY 17, 1909
From the Journal of the Senate, pp. 151-153
To the Senate and House of Representatives of the Forty-
fifth General Assembly:
I herewith submit to you, for your consideration, the
report of H. A. Buehler, State Geologist, on the work of the
Bureau of Geology and Mines for the years 1907-1908.
In submitting to you this report, there are certain
facts in connection with the work of this Bureau to which I
wish to call your attention, for the reason that further
legislation and more liberal appropriations are necessary
to increase its effectiveness and usefulness.
Under the laws of the State this Bureau is charged
with the duty of investigating the mineral resources of the
State, both for scientific and economic purposes.
No useful purpose is to be subserved in maintaining
this Bureau, unless a sufficient appropriation is made to
prosecute the work in a way that will be of value to the
people of the State. There is no state in the Union that
has greater or more diversified mineral resources than the
State of Missouri, and not only the development, but also
the conservation of these resources depends upon the in-
telligent and scientific manner in which these resources are
prospected and surveyed by those competent to conduct
GOVERNOR HERBERT SPENCER HADLEY 245
the work. The work is too vast to expect private capital
to accomplish it in a way that would be either advisable
or beneficial.
The report shows the useful work that has been accom-
plished during the last biennial period by this Bureau,
particularly in the investigations that have been conducted
and publications made upon the following subjects: "Public
Roads," "Lime and Cement Resources of Missouri," "Geol-
ogy of Morgan County," "Geology of Pike County,"
"Geology of Disseminated Lead Districts of St. Francois
County," a new geological map of the State, indicating the
location of outlying areas in which coal, lead, zinc and other
mineral deposits are to be found. In addition to this work,
the Bureau has in the course of preparation a report on
"The General Geology of Missouri," which will be of both
economic and educational value. The report further dis-
closes that much has been done in the geological mapping
of the different parts of the State, the making of drill records
and topographical mapping in connection with the United
States Geological survey, and in the furnishing of informa-
tion to all persons requesting the same, for either business
or educational purposes. There is, however, much work
of importance that remains to be done by this Bureau.
COAL
There are coal measures underlying, approximately,
25,000 square miles of territory in this State, but little de-
tailed investigation has been made of these deposits, and
no accurate information is available as to what portion
can be profitably worked. In 1897 this Bureau published a
preliminary report upon this subject, but that report has
long since been exhausted and is now out of print.
In 1907, the value of the coal product in this State was
$7,306,125. This production could not only be greatly
increased, but the effectiveness with which the different
deposits could be worked will be greatly advanced by an
accurate scientific survey.
246 MESSAGES AND PROCLAMATIONS OF
OIL AND GAS
At the present time, Missouri produces practically no
oil and gas, although there is no industry in which the people
of this State are more interested and which is of more im-
portance from a business standpoint. Past investigations
by the Bureau of Geology and Mines have established that:
There exist in the northwest portion of the State
geological conditions for the production of oil and gas, but
it would require a further investigation to determine whether
there exists the structures necessary for the retention of
these deposits.
During the last two years wells have been drilled by
private parties in Phelps, Benton, St. Charles, Knox and
Harrison counties, in most all of which no geological con-
ditions exist which would warrant the belief that oil or
gas will be discovered therein. Thus it is at once apparent
that by a proper scientific investigation the wasteful ex-
penditure of much capital could be avioided, and also a
great industry might be developed which would be of in-
estimable value to the people of Missouri.
LEAD AND ZINC
In 1907 Missouri stood first among the states of the
Union in the production of lead and zinc, and both of these
industries have been extensively developed in the south-
east and southwest portions of the State; the combined
production of that ore amounting in 1907 to approximately
$19,000.00. It is however, important that there should be
a continuation of the investigation of these deposits beyond
the present known areas, and it is of equal, if not of greater
importance, that further work should be done by this
Bureau in the investigation of the methods of mining and
concentration whereby the present enormous waste of
nearly 50 per cent, of lead and character of these deposits.
GOVERNOR HERBERT SPENCER HADLEY 247
IRON ORE
Although there are forty-eight counties in the State io
which workable deposits of iron ore are to be found, Mis-
souri is not now an important producer of iron. A con-
servative estimate of the iron ore in the State is, approx-
imately, one hundred million tons, but no reliable informa-
tion is to be obtained as to the location and character of
these deposits.
BARITE
Although Missouri is one of the largest producers of
barites among the states in the Union, the producing areas
have never been mapped, and at the present time, there is
no available information relating to the geological or geo-
graphical distribution of this mineral resource. This in-
dustry could doubtless be very greatly increased by scientific
investigation by this Bureau.
In addition to these investigations, which the Bureau
has in contemplation, much work remains to be done in
investigating the water power available for commercial
purposes, and in surveying and definitely locating the clay
and other non-metallic resources which are contiguous to
the large cities of the State and therefore, available for
business purposes.
No investigations have been made by this Bureau in
reference to the deposits of cobalt, nickel copper, tripoli
and glass sand, although it is known that all of these are
to be found in the State.
In addition to this work, it is important that provision
should be made for a proper exhibit under the direction of
the Bureau of the mineral resources of the State at the State
Fair; and that there should also be distributed among the
schools of the State such publications and mineral specimens
as may be of value for educational purposes.
It is the estimate of the State Geologist that $60,000
will be necessary for proper prosecution of this work; $35,-
000 for the support of the bureau, $5,000 for printing, and
248 MESSAGES AND PROCLAMATIONS OF
$20,000 for topographical work. It is my opinion that
this amount can be profitably used by this bureau for this
work and I urge upon you that you give to this subject
your careful consideration in order that the proper develop-
ment and conservation of these great natural resources may
be accomplished. While much has been accomplished in
the past in the development of these resources, more remains
to be done. And when it is considered that, in the last
analysis, all wealth is derived from the field and the mine,
the proper investigation of the mineral resources, and the
proper direction of the development and conservation, be-
comes a question of importance to every citizen.
FURTHER LEGISLATION
Under the provisions of the present statutes, the Gover-
nor of the State appoints four mining inspectors, whose
duties are to investigate the condition of the mines and see
that proper provisions are made for the protection of the
lives, the health and safety of the miners, and make reports
as to the mineral resources and production. In the past
the appointment of these mine inspectors has been largely
made along political lines, and the value of this work has
been very much decreased by the lack of efficient and
scientific work upon the part of these officials. The work
of these officers is naturally in connection with the work of
the Bureau of Geology and Mines, and, in my opinion, the
Bureau of Geology and Mines, or State Geologist, should
be given the right to appoint these inspectors and supervise
the performance of their duties.
Further, the mine owners of the State should be re-
quired to pay a reasonable fee for the inspection of their
mines.
This inspection is of value to the mine owners, as well
as to the mine workers. No good reason can be suggested
why the bankers of the State, for instance, should be re-
quired to pay a fee for the inspection of the banks and the
mine owners be exempt from any charge for the inspection
GOVERNOR HERBERT SPENCER HADLEY 249
of their mines. It is estimated, by those familiar with the
mining industry of the State, that a reasonable inspection
fee, graduated according to the size of the mine and the
number of men employed therein, would probably produce
sufficient revenue to pay the salaries of these inspectors. A
bill will be introduced providing for these suggested changes
in our law, and, in my opinion, this bill, or some other bill
accomplishing the general results herein recommended,
should be adopted.
Respectfully submitted,
HERBERT S. HADLEY,
Governor.
TO THE SENATE
FEBRUARY 19, 1909
From the Journal of the Senate, p. 176
February 19, 1909.
To the Senate:
I have the honor to advise that I have this day, by anc
with the advice and consent of the Senate, appointed Dr
William P. Cutler of Kansas City to the office of Dair>
and Food Commissioner of the State of Missouri, to hole
for a term of four years from the first day of February,
1909.
HERBERT S. HADLEY,
Governor.
TO THE SENATE AND THE HOUSE
OF REPRESENTATIVES.
FEBRUARY 19, 1909
From the Appendix to the Journals of the General Assembly, 1909
To the Senate and House of Representatives of the Forty
fifth General Assembly of the State of Missouri:
Our present Constitution, which was adopted in 1875
provides, article IV, section 41, "within five years afte
250 MESSAGES AND PROCLAMATIONS OF
the adoption of this Constitution all the statute laws of a
general nature, both civil and criminal, shall be revised,
digested and promulgated in such manner as the General
Assembly shall direct, and a like revision, digest and pro-
mulgation shall be made at the expiration of every sub-
sequent period of ten years."
In compliance with this provision of our Constitution,
the statutes of the State were revised in 1879, and at the
expiration of each ten years thereafter. Each of these
revisions was made by the Legislature without expert as-
sistance, and each was largely based upon the prior re-
vision. The classification of subjects in each revision was
alphabetical, and each revision was published in two volumes,
the last publication requiring volumes of such size as to be
cumbersome and difficult to handle. The work of revising
the statutes on each of these occasions was done through a
revision committee and the regular standing committees of
the Legislature.
In 1889, the work of revision was not completed at
the expiration of the one hundred and twenty-day legislative
period, although bills revising practically the entire statute
law had been considered and passed by the Senate.
In 1899, the work of revision was also uncompleted at
the expiration of the legislative period, and a committee was
provided for by the Legislature which, after its adjournment,
had charge of the compilation, editing and publishing of the
statutes. It is thus apparent that on neither of these
occasions was the constitutional provision strictly complied
with, as the statutes promulgated were partly compiled
and partly revised. At none of these revision sessions did
the Legislature have the assistance of any members of the
bar of the State, or of any person skilled by study and ex-
perience in the work of revising, classifying, compiling and
indexing statutory laws. It is no injustice to the many
able and experienced lawyers and legislators who participated
in the work of revising the statutes in these three revision
sessions, to say that their work was not entirely satisfactory
and has failed to receive the approval of the bar of the State.
GOVERNOR HERBERT SPENCER HADLEY 251
This dissatisfaction with these three revisions of our statutes,
and particularly of the last two, has been due not so much
to any imperfections in the writing of the revised laws and
in the form of the revised acts, as it has been on account of
the inartificial and unsatisfactory classification of subjects
and the imperfect indexing of the statutes. To illustrate,
in the revision of 1899, "Animals" is the heading of chapter
69, while the chapter itself provided for restraining animals
running at large; while chapter 163, which is headed "Strays"
relates to the very same subject. The heading of chapter
88 is "Cattle" and of chapter 101 "Drovers," although the
subject matter of each of these statutes is naturally related
to the other. Other examples of the lack of proper classifica-
tion in the revision of 1899 are to be found in the fact that
under chapter 171, headed "University State," are to be
found nineteen sections relating to the State Veterinary
Surgeon, although such officer is appointed by the State
Board of Agriculture and has no official or actual connec-
tion with the State University at all. Under chapter 168,
headed "Township Organization," are to be found two
sections relating to the work of the county boards of equaliza-
tion, subjects which are incongruous. And in chapter 149,
under the heading of "Revenue" is to be found substantially
the same provision relating to county boards of equaliza-
tion as is found under chapter 168 relating to township
organization. Such examples could be multiplied almost
indefinitely. They all serve to demonstrate the truth of the
assertion that the principal defect with these statutory
revisions has been in the lack of proper classification and
digesting of our statutory laws and in the imperfect manner
in which they have been indexed.
It is manifest to one even limitedly familiar with the
subject that work of this character can be much more
effectively, satisfactorily and cheaply done by one who has
had technical experience and training in such work than
it can be done by experienced legislators or laVyers of high
ability who lack such technical knowledge and experience.
In short, the work of classifying, compiling, editing, annota't-
252 MESSAGES AND PROCLAMATIONS OF
ing and indexing statutory laws is the science of book-
making, and to these subjects men devote years of training
and study who are employed by the leading publishing houses
of the country to carry on this work. I, therefore, deem it
advisable, and recommend to this General Assembly, that
through the revision committee it secure the services of
someone who has had technical and expert experience in
this work. If this is done, I believe the work of revision
can be satisfactorily and successfully accomplished at the
expiration of the one hundred and twenty day period of
this session.
The plan has been proposed that this Legislature select
a special revision committee which shall conduct this work
of revising and digesting the statute laws of the State, and
that the work of this committee be submitted next fall to a
special session of the Legislature called for this purpose.
As a part of this proposed plan, it has been suggested that
this session of the Legislature devote itself to the general
work of legislation and conclude its labors within ninety
days. I do not approve of this plan. In the first place,
the provision of the Constitution heretofore referred to
contains a mandatory direction that this session of the
Legislature "shall revise, digest and promulgate the general
laws of the State." The same conditions which make
difficult the work of revision at this session would exist at
any special session that might be called. For a special
session could not be restricted in its work by the call conven-
ing it to the consideration of revised bills. The call would
have to designate the subject-matter of legislation to be
dealt with, and those subjects would have to include the
entire statute law of the State. Further, such a plan
would greatly increase the expenses of this work, and while
I do not believe that the work of revision should be sacrificed
upon considerations of economy alone, I do believe that
this work should be done in the most economical manner
possible.
In 1899 a committee of fourteen, selected by the Gen-
eral Assembly, to complete the work of revision and com-
GOVERNOR HERBERT SPENCER HADLEY 253
pilation, after the adjournment of the Legislature, incurred
an expense for their services, clerk hire and miscellaneous
expense of $21,999.70, and the further cost of the publica-
tion of the statutes of that year amounted to $46,000,
making a total expense of $68,000, without counting any
of the expenses incident to the session of the Legislature
itself. After giving this matter considerable investigation
and consideration, and after discussing it with the leading
members of both parties in both branches of the Legislature,
it seems to me advisable to adopt the plan which has been
proposed by a sub-committee of the revision committee.
This plan provides for the employment of someone skilled
in the work of compiling, classifying, indexing and annotat-
ing public statutes, to assist the revision committee and the
standing committees of each house in their labors. It also
provides for the General Assembly, by joint resolution,
fixing a date after which no bills shall be introduced, except
revised bills, and the fixing of a date after which no bills
shall be considered except revised bills. This plan is, in
my opinion, a very advisable one, as it would enable the
Legislature to make the laws passed at this session a part
of the revised laws of the State. It ought to result in
securing what we have never had before, a proper arrange-
ment, classification and indexing of the statutes. It would,
of course, be necessary to pay, and pay well, for the services
of an expert bookmaker to do the work required. But in
a matter of this kind, requiring technical knowledge and
experience, it is usually the wisest course to secure the best
talent available for such work.
It is important, however, that the members of the Gen-
eral Assembly should understand that even if such expert
assistance is secured, the important work of revision must
be done by the standing committees of the Senate and
House. And it is important, if this work is to be accom-
plished within the statutory period of this session, that
this work of preparing the revised bills should be begun at
once by the different committees of the Senate and the
House. In this work the committees of the Senate and
254 MESSAGES AND PROCLAMATIONS OF
the House can cooperate to an advantage and should also
avail themselves of the assistance of the bar of the State
and the various State officers, particularly of the Attorney-
General who is, by law, the legal adviser of the Legislature.
By proceeding in this way, I am satisfied that many of the
bills now introduced and pending in the Legislature can
be moulded into the revised bills, or the objects sought to
be accomplished thereby can be embodied in such revised
measures.
The benefit of a satisfactory revision of the statutes
is one that would be enjoyed by the people of the State as
a whole, because a knowledge of the law, which is essential
to its observance, depends upon the ease and readiness
with which the laws are available for the information of the
public, as well as the lawyers and the courts. The elimina-
tion of unconstitutional and conflicting provisions of the
statutes, the making certain of ambiguous provisions, the
proper classification of subjects and the intelligent arrange-
ment and indexing of the laws will be of help to the courts
in the decision of cases and to lawyers in advising their
clients, and thus indirectly to every citizen.
The State Bar Association, local bar associations and
the State Conference of Judges have all adopted resolutions
relating to this subject, and I am satisfied that it is the
general sense of the bar of the State, as well as of the judi-
ciary, that this work of revision should be accomplished
along the lines herein suggested. It would, however, be
entirely advisable and necessary for the General Assembly
to provide for a joint committee which would, after the
adjournment of the Legislature, supervise and complete
the work of publication and indexing, as well as annotating
the statutes, for this work can be more satisfactorily and
effectively done by an expert employed for that purpose,
under the directions of this committee, after the adjourn-
ment of the Legislature, than it could be done during the
session.
I respectfully submit these suggestions for your con-
sideration, and I wish to again direct vour attention to
GOVERNOR HERBERT SPENCER HADLEY 255
the fact that, under the Constitution, the paramount duty
of this General Assembly in the work of legislation is to be
found in the "revising, digesting and promulgating of the
general laws of the State." The success or the failure of
the work of this General Assembly, in which the Executive
Department must necessarily share, will be largely judged
by the success or failure with which this work of revision
is accomplished. And if this work can be successfully and
satisfactorily done, there can be no question but that you
will receive, as you deserve to receive, the approval of the
people of the State.
Respectfully submitted,
HERBERT S. HADLEY,
Governor.
TO THE SENATE
FEBRUARY 23, 1909
Front the Journal of the Senate, p. 191
February 23, 1909.
To the Senate:
I have the honor to advise that I have this day, by and
with the advice and consent of the Senate, appointed W. E.
Clark of Nevada, as member of the Board of Managers of
State Hospital No. 3, at Nevada, vice S. A. Wight, to
hold for a term of four years from February 1, 1909.
HERBERT S. HADLEY,
Governor.
256 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
FEBRUARY 23, 1909
From the Journal of the Senate, p. 191
February 23, 1909.
To the Senate:
I have the honor to advise that I have this day, by and
with the advice and consent of the Senate, appointed W.
G. Pendleton of Boonville, as member of the Board of
Managers of the Missouri Training School for Boys, vice
Peyton L. Hurt, to hold for a term of four years from Feb-
ruary 1, 1909.
HERBERT S. HADLEY,
Governor.
TO THE SENATE
FEBRUARY 23, 1909
From the Journal of the Senate, p. 191
February 23, 1909.
To the Senate:
I have the honor to advise that I have this day, by and
with the advice and consent of the Senate, appointed John
M. Williams of California, as member of the Board of
Managers of the Missouri Training School for Boys, vice
D. E. Wray, to hold for a term of four years from February
1, 1909.
HERBERT S. HADLEY,
Governor.
GOVERNOR HERBERT SPENCER HADLEY 257
TO THE SENATE
FEBRUARY 23, 1909
From the Journal of the Senate, p. 191
February 23, 1909.
To the Senate:
I have the honor to advise that I have this day, by and
with the advice and consent of the Senate, appointed Dr.
L. J. Schofield of Warrensburg, as a member of the Board
of Regents of Normal School District No. 2, at Warrensburg,
vice James I. Anderson, to hold for a term of six years from
January 1, 1909.
HERBERT S. HADLEY,
Governor.
TO THE SENATE
FEBRUARY 23, 1909
From the Journal of the Senate, p. 191
February 23, 1909.
To the Senate:
I have the honor to advise that I have this day, by and
with the advice and consent of the Senate, appointed Howard
Gray of Carthage, as member of the Board of Managers of
State Hospital No. 3 at Nevada, vice J. A. Daugherty, to
hold for a term of four years from February 1, 1909.
HERBERT S. HADLEY,
Governor.
258 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE
FEBRUARY 23, 1909
From the Journal of the Senate, p. 208
February 23, 1909.
To the Senate:
I have the honor to advise that I have this day, by and
with the advice and consent of the Senate, appointed W. C.
Pierce of Maryville, as member of the Board of Managers
for State Hospital for Insane No. 2, at St. Joseph, vice
E. M. Miller, to hold for a term of four years from February
1, 1909.
HERBERT S. HADLEY,
Governor.
TO THE SENATE
FEBRUARY 23, 1909
From the Journal of the Senate, p. 208
February 23, 1909.
To the Senate:
I have the honor to advise that I have this day, by and
with the advice and consent of the Senate, appointed
Henry M. Beardsley of Kansas City, as member of the
Board of Managers of State Hospital for Insane No. 2, at
St. Joseph, vice P. E. Field, to hold for a term of four years
from February 1, 1909.
HERBERT S. HADLEY,
Governor.
GOVERNOR HERBERT SPENCER HADLEY 259
TO THE SENATE
FEBRUARY 23, 1909
From the Journal of the Senate, p. 208
February 23, 1909.
To the Senate:
I have the honor to advise that I have this day, by and
with the advice and consent of the Senate, appointed Dr.
Jacob Geiger of St. Joseph, as member of the Board of
Managers for State Hospital for Insane No. 2, at St. Joseph,
vice Samuel G. Gilliam, to hold for a term of four years
from February 1, 1909.
HERBERT S. HADLEY,
Governor.
TO THE SENATE
FEBRUARY 23, 1909
From the Journal of the Senate, p. 2
February 23, 1909.
To the Senate:
I have the honor to advise that 1 have this day, by
and with the advice and consent of the Senate, appointed
Henry Andrae of Jefferson City, as Warden of the State
Penitentiary, to hold for a term beginning April 1, 1909,
and ending on the third Monday in January, 1913.
HERBERT S. HADLEY,
Governor.
J60 MESSAGES AND PROCLAMATIONS OF
TO THE SENATE AND THE HOUSE OF
REPRESENTA TI VES
FEBRUARY 24, 1909
From the Journal of the Senate, pp. 212-213
To the Senate and House of Representatives of the Forty-fifth
General Assembly of the State of Missouri:
The Forty-fourth General Assembly, in the general
appropriation law enacted two years ago, appropriated the
sum of $10,000 to make preliminary arrangements for an
exhibit of Missouri's resources at what is known as the
Alaska-Yukon-Pacific Exposition, to be held at Seattle
during the course of the summer of 1909. Acting under the
authority of this appropriation, my predecessor, Joseph W.
Folk, appointed a commissioner to attend to the work of
collecting an exhibit for the State of Missouri at this expo-
sition, and to make the preliminary arrangements necessary
therefor. Only $1,595.26 of the $10,000 appropriated was
expended, as the balance was not available through lack of
revenue. The question now comes before this General
Assembly as to whether it will make an appropriation to
provide for an adequate exhibit of Missouri's resources at
this exposition, and if it decides so to do, whether it shall
construct a building for that purpose. Two plans have been
suggested for the exhibition of Missouri's resources at this
exposition. One involves the renting of space in buildings
constructed by the exposition company, and the renting of a
house as headquarters for Missouri's visitors in Seattle.
The other would include the construction of a Missouri
building and the collection of such an exhibit of Missouri's
resources therein as might seem advisable. It has been esti-
mated that an additional sum of $40,000 would be required
to make an adequate exhibit including the cost of a building,
while less than half of that amount would probably be re-
quired in case the other plan was adopted.
GOVERNOR HERBERT SPENCER HADLEY 261
In determining as to what course should be pursued in
this matter, the members of the General Assembly should
consider the importance of the trade that is enjoyed by
business interests of Missouri with the people of the North-
west.
The three states of Washington, Montana and Oregon
bought of the people of Missouri in a single year goods
amounting to $15,000,000, and Seattle alone bought from
three Missouri cities in a single year manufactured goods
amounting to $4,300,000. If Missouri is to continue to
secure her share of trade with this section of the country, it
is, in my opinion, important and advisable that we should
be properly represented at this exposition.
I am informed that the Federal government has appro-
priated $600,000 for national buildings and for government
exhibits at Seattle, and the state of Washington has appro-
priated $1,000,000 for the same purpose. Oregon has appro-
priated $100,000; California, $100,000; Pennsylvania, $75,-
000; Nebraska, $15,000; Utah, $20,000, and I am also advised
that New York, Massachusetts, Rhode Island, Mississippi,
Minnesota and other states will make appropriations to
provide suitable exhibits of their resources at this exposition.
It is estimated that the cost of this exposition will be
$10,000,000, nd its primary purpose is to exhibit the
resources, developed and undeveloped, of the Western
section of our country, and to emphasize the increasing
importance of the trade between this country and the
Orient.
The officials in charge of the exposition have designated
August 3rd as Missouri Day. In case an appropriation is to
be made for this exposition, it is my opinion that there
should be a commission of not more than three persons who
would have charge of the work necessary to collecting and
exhibiting proper specimens of Missouri's resources.
Missouri appropriated for the Pan-American Exposition
at Buffalo, $50,000; for the Lewis and Clarke Exposition at
Portland, Oregon, $45,000; for the exposition at Jamestown,
262 MESSAGES AND PROCLAMATIONS OF
Virginia, $55,000; and for the Louisiana Purchase Exposition
at St, Louis by vote of the people, $1,000,000 was made
available.
An early decision should be reached as to what action
is to be taken by the State of Missouri in this matter; the
exposition will open on June 1st and if the General Assembly
delays until the close of its session before taking any action
in the matter, it will then be too late to construct a building
or to secure an adequate and creditable exhibit of Missouri's
resources.
In the determination of this question, it is also important
to consider that the pioneer settlers in this section of the
country, the men who blazed the pathway of travel and ol
commerce westward from the Mississippi to the Pacific,
who wrote the constitutions and the statutes, who developed
the latent resources and who established the commercial
greatness of the states of the Northwest, were for the mos1
part, Missourians. And it was Thomas H. Benton, who foi
thirty years represented this State in the United State?
Senate, who first directed the attention of the country to the
importance not only of the development of our westen
country, but also of its trade with the Orient.
For the reasons herein stated, I feel that Missour
should be represented at this exposition, and if we are t<
be represented at all, it is, in my opinion, advisable that w
should be represented in a manner commensurate with th
greatness of our State.
Respectfully submitted,
HERBERT S. HADLEY,
Governor.
GOVERNOR HERBERT SPENCER HADLEY 263
TO THE SENATE
FEBRUARY 25, 1909
From the Journal of the Senate, p. 234
February 25, 1909.
To the Senate:
I have the honor to advise that I have this day, by and
with the advice and consent of the Senate, appointed Henry
S. Caulfield of St. Louis, to the office of Excise Commis-
sioner of the City of St. Louis, for a term beginning April 1,
1909.
HERBERT S. HADLEY,
Governor.
TO THE SENATE
FEBRUARY 26, 1909
From the Journal of the Senate, pp. 259-%
To the Senate of the Forty-fifth General Assembly:
I am in receipt of a communication from the Secretary
of the Senate containing a copy of your resolution "calling
my attention" to certain facts in reference to the appoint-
ment of James L. Carlisle as one of the Election Commis-
sioners of the City of St. Louis.
While I am responsible to the people of Missouri alone
for the manner in which I perform my official duties, and
do not recognize or concede any right in your Honorable
body to ask for any explanation of my action in this matter,
I am not disposed to have any controversy over a mere
academic question or to deal otherwise than with complete
fairness and frankness with all departments of the State
government. I, therefore, submit to you the following
264 MESSAGES AND PROCLAMATIONS OF
statement of facts as to the present situation and the action
I have taken in reference thereto:
Mr. Carlisle was appointed, as stated in your resolu-
tion, by Governor Folk to fill a vacancy in the Board of
Election Commissioners for a term ending January 15, 1909.
The Legislature convened upon the 6th day of January,
1909, and upon that day, under the provision of the statutes,
Mr. Carlisle's name should have been "submitted to the
Senate by the Governor for confirmation." I was under
the impression that this action had been taken until after
the first of February, when I was informed to the contrary.
I was surprised to learn that the Senate did not, between
the 6th and the llth of January, call the attention of
Governor Folk to his failure to submit this appointment for
confirmation. As I did not know until after the first of
February that this appointment had not been submitted by
my predecessor for confirmation, I have some question as to
whether I now have the right to submit, or the Senate to
confirm, the appointment after the expiration of the term
for which the appointment was made. There is also a
question as to whether, without the confirmation of the
Senate, one appointed to fill a vacancy during vacation
holds over after the expiration of the term for which he was
appointed. I, therefore, deem it advisable to submit these
questions to the Attorney-General, who is the legal adviser
of both the Legislature and the Governor, and to be guided
by his opinion. I have, therefore, this day directed the
following inquiry to the Attorney-General:
"February 26, 1909.
Hon. Ellictt W. Major, Attorney-General, City of Jefferson:
Dear Sir: I am today in receipt of the enclosed resolu-
tion adopted by the State Senate, which is self-explanatory,
The facts up
